On The Criminal Conviction And Sentencing Procedure Separation Procedure

Conviction and sentencing is the two basic activities in the criminal justice. For a long time, people focus on substantive criminal law, not take it into the track of the proceeding. Concerned sentencing procedures, the most important thing are to investigate the relationship between conviction and sentencing. In China, it does not distinguish the conviction and sentencing procedures in criminal proceeding, but the conviction and sentencing are solved in procedures of the unified court. Conviction is the core of the court, but sentencing becomes the vassals of conviction and there are not specialized procedures or stages to solve problems of sentencing.Due to the lack of independent sentencing procedures and careless of criminal sentencing ranges and circumstances, the discretion of the judge is too broad, with the uneven quality of judges and many other causes lead to a confusion situation in the courts at all levels in sentencing, it is often seen of felony sentence for misdemeanors sentenced. The phenomenon causes that the public credibility of the judiciary is let down.It is an important standard to measure whether sentencing justice is fair or not. Fair sentencing has very important meanings. And it is a significant part of the criminal justice. And it also protects the legitimate rights and the interests of the inevitable requirement of the crime. Many files were adopted in many places, for example, the sentencing guidelines and sentencing specification files. These were tried to set to standard from the substantive law. But it is not enough to only have the entity law, the realization of the fair sentencing should be demanded in the substantive law and the procedural law. It is an important step to use the fair procedure to guarantee the rationality of sentencing.In recent years, driving of sentencing procedures reforming and the theory of procedure justice pushes me to research the topic of the criminal conviction and sentencing procedures. The thesis is divided into introduction, text and conclusion. The text consists of four parts, and there are thirty thousand words in the thesis.The first part introduces the current laws on the sentencing procedures in our country. It summarized the imbalance phenomenon and causes of formation in the criminal trial sentencing procedures in China’s current. It prompted us to recognize that Chinese sentencing procedures reform is necessary and urgent by the analysis of many Chinese malpractices of sentencing procedures, and that is to be deepening criminal trial system reform.The second part is the study of the two major legal systems in sentencing process. Under the motivation of urgent need of constructing and the independent sentencing procedures, we have inspected foreign sentencing procedures model, and have discussed the law about Britain, the United States, Germany and France’s specific sentencing procedures system separately in details and analyzed the two big legal systems of different causes of formation of sentencing procedures, and have compared and reviewed the British and American independent legal system sentencing procedures and civil law conviction and sentencing of the mixed mode. And we get some enlightenment on the constructions of our country’s independent sentencing program.The third part, the author elaborate on the separation of necessity and feasibility between the criminal conviction and sentencing procedures in our country.The fourth part, it designs a specific system to Chinese sentencing procedures. It is divided into two different procedures. As for the defendant pleads guilty, it goes into the independent sentencing procedure directly. If the defendant does not pleads guilty in the case, the trial will have the division of conviction and sentencing procedures. Thus, it achieves the unity of criminal justice and efficiency. At the same time, it concretes sentencing hearing procedures in detail. I hope it will be able to cause the attention of our Chinese people to pay attention to sentencing procedures, and can provide the reference of judicial practice of our country reforms.