Practice And Reflection Of Sentencing Reform In China

Sentencing reform is a major event in the development process of new criminallegal system, the people’s court "3by5Reform Program", specifically, not onlystandardize the process of criminal justice, and to develop a standardized process forthe criminal trial in order to protect the criminals can get their criminal behavior toadapt to the penalty referee effectively avoid the masses of the people for a criminaltrial, sentencing uneven criticized, and to improve the social credibility of the justicesystem, establish the authority of the image of the people’s court has a great help withfar-reaching social significance.From the judicial practice point of view, the establishment of a Sentencingmethods and criteria for sentencing including sentencing system of rules, theestablishment of a to both sentencing investigation and debate and sentencing resultsdisclosure rules, including relatively independent of the sentencing process, andcreate the corresponding supporting system, the sentencing activities specificregulation in China is feasible and suitable for China’s current judicial system status.First of all, this reform makes penalty discretionary more fair and balanced, this is notonly well adapted to people’s growing demand for judicial, but also to meet themajority of the public a positive vision for the co-sentenced. Secondly, because of itsprocedures are simple say then rational strong advantage in judicial practice, it islikely to be first-line criminal judges, judicial workers and accepted by the parties,which effectively reduce this reform to promote resistance, this reform carried out aremore likely to be widely recognized. Finally, because of its procedural norms,operability and other advantages of this reform carried out not only did not increasethe burden on front-line investigators, but in improving the level of the administrationof justice and efficiency in handling cases has a good effect, and also to some extentalleviate the the grassroots court case few people handling the case of pressure, thegood functioning of the People’s Court trial work provides a useful reference.In particular, since the the comprehensive pilot sentencing reform in the country in October2010, in the court throughout the country received good results. Frontlinecriminal judge handling the case, the Public Security Bureau, the Procuratorate,lawyers and other judicial workers are on the concept of sentencing and sentencingway of thinking has a greatly improved. And the entire sentencing process open andtransparent, so difficult to do the work of the party bearing v. service contractingsignificantly reduced, with civil compensation payment rate increased significantly.From the point of view of the main trial data, the clearance rate does not appearsignificant fluctuations in the rate of appeal or protest rate gradually reduce income v.service contracting steady increase, significant legal achievements and social effects.However, since this reform with respect to China’s criminal justice system, or atender newborn, inevitably accompanied by some problems and difficulties. The prosand cons of the relevant sentencing reform, the discussion of the practical effect ofsome controversy still exists. Due to work reasons, the author participated in the pilotunits of the national standardized sentencing----Heping District, Shenyang City,Liaoning Province People’s Court to carry out the whole process of sentencing reform,only to see good change of this reform to a grassroots courts also found that of someof the problems which exist. Therefore, I hope this work to our hospital perspective ofthe actual situation, from the overview of the issues of standardization of sentencing,this reform work practices, the effectiveness and the problems in practice to be anin-depth analysis, and the standardization of sentencing and the sentencing entity, thesentencing process improvement as well as supporting system construction based onin-depth research and discussion of promoting sentencing reform extends the depthand breadth of opinions and suggestions to the practice of sentencing reform has beenhelp.