The Research About Sentencing Procedures Independent

Convicted and sentencing activities are two basic tasks of criminal litigation, the sentencing program is an indispensable part of criminal trial. In accurates under the premise of conviction, sets up reasonable independent sentencing program, applying appropriate punishment against a convicted person and is the essential requirement of fair value of sentencing. Currently, the relationship of conviction and sentencing mainly is divided into two categories in Criminal Trial Procedure in countries of the world,incluingMixed-sentencing procedures in Civil law and Separate sentencing procedures in Common Law. Comparatively, separate sentencing procedures can achieve the requirements of sentence discretion of the results of substantive justice and procedural fairness better, should be regarded as the future development goals of the sentencing process.Currently, criminal procedure law of our country does not give special provisions for the sentencing process and does not form a separate sentencing procedures.But in recent years,reform of the sentencing process has been gradually gaining more and more attention and concern,<Sentencing guidance>passed by People’s Court’s is a big step forward in the separate sentencing procedures reform,marking China’s the sentencing process initial formation relatively independent and causing the sentencing process independent and relatively independent disputes between theorists and practical departments. In my opinion, the reform of the sentencing process is a gradual process, independent sentence procedures are in compliance with the criminal justice concept and should be the direction of future development. However, in the set of specific procedures, it should be combined with China’s actual situation, learning independent advantage of the sentencing process from the common law and forming our unique Separate sentencing procedures.The article is divided into four parts:The first part is the summary of Sentencing procedures. The part is the concept of sentence and Sentencing procedures, on this basis, defining the relationship between sentence and sentencing procedures, and analysing substantive justice and procedural fairness value reflected by Separate sentencing procedures in the view of Criminal fundamental value.The second part is a comparative Study in sentencing procedures between the two legal system. This part introduces the sentencing process model in Criminal and the respective program characteristics of the two legal systems. The common law is independent sentencing procedures which means conviction and sentencing phase separation as the representative, sentencing activities under the premise of the conviction procedures.This part describes the sentencing hearing system in the United Kingdom and the United States Sentencing Guidelines in detail.In civil law countries, conviction and sentence activities are not independent of each other, called mixed sentencing program mode, however, with the progress of litigation idea, scholars have also issued a strong voice for the reform of the sentencing process in Germany, France and other countries.The third part is the analysis of sentencing procedures. Current sentencing procedure can be called relatively independent of the sentencing process, sentence and conviction activities appropriate separation at the court stage. In this mode, sentence discretion separates, independent sentence evidence system and sentence before the survey system in the separate sentencing procedures is in line with the value of procedural fairness, such as lack of supporting systems, resulting in the ultimate goal of sentence impartial difficult to achieve.The fourth part is the construction of an independent sentencing procedures. The author pushes forward the reform of the sentencing process gradually under the current relatively independent sentencing process mode, eventual establishment of an independent sentencing procedures. Firstly, there is fully necessity and feasibility to promote the reform of the sentencing process in China; Secondly, the article describes the construction of a separate sentence procedure from the set of the overall stage of the proceedings; Lastly, the article proposes countermeasures against the lack of related facilities for separate sentencing procedures metioned above.