Study On Relatively Independent Sentencing Prcedures

In October1,2010," the people’s court sentencing guidelines (Trial)","on the norms of sentencing procedure questions (for Trial Implementation)" in the court trial, sentencing were incorporated into the proceedings, as a relatively independent sentencing procedure. As a reform, sentencing standardization launched a nationwide debate, in which the focus is how to build and improve relative independent sentencing procedure. This paper is divided into the introduction, body and conclusion part, a total of7chapters.The first chapter mainly elaborates the writing purpose and significance, the main content and characteristic and innovation. The second chapter from the relatively independent sentencing procedure concept expansion. At the same time, relatively independent sentencing procedure also contains two aspects:one is the independence, two is relative. The third chapter through the conviction and sentencing of relationship analysis, pointed out that the two in the nature, purpose and task, follow the basic principles of criminal law differences. According to our judicial environment, from the system foundation, system guarantee and trial mechanism3respects, explain why the completely independent sentencing procedure are not applicable in our country. The fourth chapter on the analysis of necessity and feasibility. Chapter fifth through the UK, USA, Germany and France4sentencing procedure is introduced, draw two big legal system of sentencing procedure advantages and disadvantages, draw two big legal systems of sentencing procedure in the nutrient, in constructing the relatively independent sentencing procedure to obtain certain enlightenment. The sixth chapter mainly from the specific program mode and supporting system on two aspects of China’s relatively independent sentencing procedure construction and perfection. The seventh chapter conclusion.