Sentencing The Realization Of Justice

As the two basic activities in China’s criminal trial, the conviction is the process used to resolve whether a defendant guilty, the criminal responsibility, while sentencing the defendant on the basis of conviction apply the appropriate penalty. Compared with the conviction, sentencing, just the most intuitive and convenient way for citizens to observe and evaluate the Judicial sentencing injustice will seriously affect the public confidence in the rule of law.However, the present stage in the practitioners of "convicted light sentencing has become an indisputable fact. Ontologically speaking, the number of offenses corresponding sentencing range is too large and there is no standard specification applies; from the procedural point of view, due to the lack of an independent sentencing procedures, the prosecution and defense can not fully participate in the sentencing process, leading to the sentencing judge discretion excessive powers of the common occurrences of abuse of sentencing discretion. Sentencing injustice is becoming increasingly prominent. Therefore, by the criminal legislation, the establishment meet the basic principles of our judicial reality of the Criminal sentencing system, standardize the judge’s discretion, so that the participants in the proceedings to fully participate to ensure that the sentencing process is open and transparent to achieve sentencing a strong guarantee of justice. The article seeks to sentencing fair departure from the procedural safeguards, analysis of the status quo of China’s sentencing procedures, and tentative reflection of the sentencing process and build on the basis of the foreign model, the situation of China, proposed the idea of establishing an independent sentencing procedures in China and argument.This paper concluses of four parts.The first chapter starts from concept, content, significance in sentencing and emphasise that the sentencing at the technical level of complexity and sentencing for criminal justice and fair. Analyzes the substantive and procedural aspects of the current sentencing process, especially in procedures such as the parties can not fully participate in the sentencing process, the parties rights are not protected, the judge’s sentencing discretion issues such as excessive. These problems lead to sentencing injustice shaken public trust in the administration of justice and judicial authority. In order to solve these problems, China has gradually begun to both substantive and procedural aspects of the sentencing standardization reforms, but the focus of the reform seems to tend to the physical control. The author discusses the entity the limitations of the approach and procedures into the advantages of the road to prove the reform of the sentencing process is the sentencing standardization reform breakthrough point.The second chapter is a Comparative Study of the Two sentencing procedures. The author describes the common law conviction and sentencing of the separation mode and civil law conviction and sentencing of the mixed-mode and analyze the reasons for their respective formation. Then, in the foregoing on the basis of conviction and sentencing of the two legal systems of evaluation, and lessons are drawn from the revelation of the reform of China’s sentencing procedures.The third chapter is on the basis of the aforementioned extraterritorial inspection by summing up and analysis of the reform of the sentencing process model view contend, conviction and sentencing of the distinction as the theoretical foundation presented the basic ideas for the Construction of the sentencing process. That is, to distinguish between the guilty plea cases and the defendant pleaded not guilty cases were the program design:the defendant does not plead guilty, sentencing procedures and conviction procedures are completely independent; for the defendant pleaded not guilty, and refused to participate in the sentencing procedure cases, the defendant the right to give up the procedural rights, and does not affect the normal conduct of the sentencing procedure. But the defendant may be sentenced to life imprisonment and death penalty cases, before entering the sentencing procedure must provide a clear time of investigation and evidence collection; cases the defendant pleads guilty, but still choose the ordinary procedure for trial case, the sentencing evidence without special preparation., divided into conviction and sentencing of the two coherent interface between the part of the court, in the conviction of the accused directly into the sentencing process; cases the defendant pleads guilty, and select the summary Procedure or simplified Procedure in the center of gravity of the trial transferred to the on the defendant how the sentence above.The fourth chapter certificates the process from the multi-stakeholder involvement in the sentencing process, sentencing procedures, sentencing procedures, supporting systems in three of the sentencing procedures specific build. The multi-sentencing procedures to participate in the main highlight sentencing recommendation, sentencing defense, the meaning of the participation of victims; sentencing procedures of the certification process from the burden of proof, rules of evidence, standard of proof to be built; the supporting system of the sentencing process, it is mainly the case the establishment of a triage system, the sentencing of the former personality survey system to establish and strictly implement the verdict reasoning system.