Our Study On The Sentencing Procedure

In the criminal procedure of our country, conviction and sentencing is the trial of thecriminal case in two basic activities. In modern legal society to the criminal trial of the two basicrequirements are accurate conviction and sentencing appropriate. Appropriate sentencing is notonly a social public concern about the trial of the criminal case key point, is also the samedefendant measure of court trial is fair important standard. From the perspective of judicialfairness, justness and belongs to the entity justice, and justice of the soul, but to achievesentencing fairness, must pass a certain procedure to achieve.Since twenty-first Century, the sentencing procedures, standardization of sentencing reformhas become the people’s court criminal judicial reform as an important part of the SupremeCourt," two five reform" and" three five reforms" have proposed to" improve and perfect theindependent sentencing procedure"," the sentence into court procedures, establish" people’s courtsentencing guidance (Trial)" and" the people’s court sentencing guidelines (Trial)"". In June1,2009in the national courts to" the people’s court sentencing guidelines (Trial)" pilot activity.This article from the connotation, the domestic and foreign related practical experience,practical system construction and other aspects of sentencing procedure analysis. The full text isdivided into four parts. First of all, the sentencing procedure based theory, namely" sentencing "meaning and characteristic. Secondly, the relevant foreign comparative study on the system ofsentencing procedures, mainly in the UK, US, Germany and other countries, by for example acomparative analysis of two different patterns of sentencing procedure. The third part mainlydiscusses China s sentencing procedure development overview and summary of the causes of.Choose Shandong Zibo city Zichuan District People’s court in Jiangyan City, Jiangsu andShanghai as the representative of Pudong New Area court court. Finally the author of China’srelative to the construction of the independent sentencing procedure. Mainly from reformproceed with, our country in constructing the relatively independent sentencing procedureprocess required to adhere to the " localization" strategy.