The Theory Of Sentencing Fair Procedural Safeguard

During the procedure of criminal justice, condemnation proceedings andsentencing procedures are closely related. With their own independence, condemnationproceedings is the promise for sentencing procedures while the later one is the formerone’s certain continuation. Condemnation proceedings and sentencing proceduresshould be distinguished and treated separately in criminal justice activities. Even thoughwe don’t have the completely separated system, we should try our best to keep thecomparative independence between the two aspects. Because of the mixed style ofsentencing procedures system in China and the common existing idea of “focusing moreon sentencing procedures rather than condemnation proceedings” on most judges’ mind,sentencing procedures are the same things as secretly making comments by judges orcollegiate benches. This system give the judges unlimited possibilities to be subjectiveand may easily cause them abuse their judging right and power. To interpret from thesentencing justice standpoint, the judicial reform in our country should establishcondemnation proceedings which are comparative independence and suit for thecountry’s basic condition and judicial system by analyzing the current situation.