Sentencing Due Process

The sentencing procedure is an important part of the activities of the criminaltrial, sentencing activities commenced in accordance with the law required as supportbacked up by substantive law, and on the procedural law in accordance with the rulesand regulations. To further standardize sentencing activities, to promote fairness andjustice of the sentencing, the author from the current sentencing standardizationreform perspective, sentencing procedures were discussed in the text, hoping to takereasonable convergence to promote due process and sentencing, to uphold due processof the sentencing and to command of the sentencing activities.The first chapter introduces a question--the status and troubled of China’ssentencing procedures. First of all, pointed out that the lack of normalization course ofthe investigation of the sentencing information; secondly, that the weakening of thesentencing procedure defense; again, means that the formal process of sentencing astatement of opinion; finally, noting that the sentencing process to participate in thelimited nature of the process.The second chapter discusses that the pattern of sentencing procedures. Thischapter is divided into two parts: the first part of the definition and analyzes ofsentencing model theory, analysis of the pros and cons from the perspective ofcomparative law on the complete separation of the mode and the integrated model inthe civil law and common law; The second part is relatively independent sentencing procedures, the scope of the sentencing and sentencing procedures defined andrelatively independent of the sentencing process model analyzed.The third chapter illustrates the sentencing and sentencing due process. Thischapter first analyzes the correlation of the interests of procedural justice and dueprocess; and further pointed out that due process of participation, the neutrality of thejudge, the credibility of the justice of the value. Then analyzes how the sentencing anddue process for reasonable convergence. Finally, from three aspects of the equality,justice and efficiency analyze the value of property of sentencing due process.The fourth chapter elaborates the sentencing due process theoretical ideas andinstitutions of the regulatory path. Level of theoretical assumptions, that thesentencing procedures, the introduction of procedural sanctions theory, and proceduralsanctions theory and how they work, a theoretical reflection; further pointed out thatthe theory of procedural sanctions implemented in order to ensure efficiency, as wellas the justice of sentencing procedures and efficiency, but also three-prongedapproach: the regulation of discretion; jeopardize the interests of the party’s relief;taking into account the fair concept of efficiency. The level of the system path, formany of the problems exposed in the sentencing procedure, in sentencing, defense,the rational use of social inquiry reports, the interpretation of the sentencingprocedures of the reasons of the sentencing aspects of the certification processenvisaged.