The Existing Problems And Countermeasures On Sentencing Procedural Reform

In order to standardize the process of sentencing and achieve its openness and fairness,the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of PublicSecurity, the Ministry of National Security and the Ministry of Justice issued <suggestions onthe regulation sentencing process> on September30,2010.it marked that our sentencingprocess entered into a new era.The reform of the sentencing process enhanced its openness,transparency, which exerted positive significance to sentencing prcess to some extent.However, due to the reform of the sentencing process is still in its pilot phase, some of thesystem is not perfect,still need more exploration in practice. Therefore, the reform of thesentencing process was inevitably facing some problems, such as the choice of the sentencingprocess model, the sentencing recommendation from procuratorates. If these problems are notaddressed perfectly, which will easily lead to the goals of achieving fairness hard to obtain.Therefore, aimed at the existing problems during this reform. We need to propose solutions toperfect sentencing process.it has far-reaching significance for further regulate the jurisdictionof judges,promote the substance of fairness of sentencing then meet the needs of justice Themain purpose of this paper is the interpretation of the sentencing process views, the problemsof the reform of the sentencing process, and thus for the reform of the sentencing process, thecountermeasures to improve the reform of the sentencing process. Of course, before theanalysis of the problems of the reform of the sentencing process, the need to brief thesentencing procedural reform, which is the basis for a comprehensive understanding of thereform of the sentencing process.Text of this paper is divided into three parts, about20,000words.The first part is the reform of the sentencing process overview, introduces thesignificance of the process of reform of the sentencing process, as well as the reform of thesentencing process. The sentencing process of China’s reform experience brewing andproposed research and demonstration and document drafting, pilot test and revise andimprove the three stages. Sentencing procedures views "as the initial results of the sentencingprocess reform, fully absorbed the important views of the theorists and practitioners aboutsentencing reform of the procedure. Reform of the sentencing process will be sentencing intothe court to allow the prosecution and defense in court sentencing opinions, and to ask thesentencing judge the referee should give full reasoning, which reflects the public specification from the program on sentencing procedures, in order to achieve the sentencing, just.Therefore, the reform of the sentencing process highlights the concept of procedural justiceproceedings, the right to defense in the protection of the defendant’s sentencing, supervisionand control of the sentencing judge, referee, enhanced sentencing sentencing refereeacceptable significance.The second part is the problems of the sentencing process reform. The reform of thesentencing process does not distinguish between the nature of the case shall be establishedrelatively independent of the sentencing process. The defendant pleaded not guilty cases toestablish such a relatively independent of the sentencing process is unreasonable, contrary tothe principle of presumption of innocence in the main performance for this model, weakeningthe effect pleaded not guilty, easily lead to the sentencing process mode mere formality. At thesame time, the sentencing reform of the procedure allows Procuratorate sentencingrecommendations to the court, while allowing the defense presented to the court sentencingopinions. Easily lead to the prosecution’s sentencing recommendation overwhelm the defensesentencing opinion, there’s Procuratorate of sentencing recommendations to the dominantsituation of the sentencing process. The main reason is that the judge in the sentencingprocess tends to a negative position, the Procuratorate occupy absolute advantage in thesentencing information, the defendant’s sentencing defense unsatisfactory.The third part is a countermeasure to improve the sentencing process reform. Thedefendant pleaded not guilty to establish relatively independent of the sentencing process incases of irrationality, and therefore, the defendant pleaded not guilty, the case should beestablished in isolation sentencing program. The same time, the sentencing recommendationof the Public Prosecutor’s Office is easily led the sentencing process is not conducive tosentencing and fair implementation, and supporting systems in order to avoid this situationshould be taken to improve the sentencing recommendation. Include: giving judgessentencing before the sentencing right to information gathering, improve the criminal defensesystem.