On The Collection Of Sentencing Evidence

In the context of standardization reform of sentencing, sentence evidence has causedwidespread theoretical and practical concerns. A certain extent, sentencing is a comprehensivecollection of evidence concerned the sentencing recommendations, justify sentencing andpunishment rule and a series of systems and procedures for successful and effective, and adirect impact on sentencing and fair implementation, is also conditioned by the actual effectof reform of the sentencing procedure as a whole. Thus, studies on sentencing evidencecollection problems, not only can deepen the knowledge on the theoretical system ofsentencing evidence and fit operationalization of enhanced sentencing evidence in sentencingpractice, more conducive to promoting the reform of sentencing procedures in depth.This article is based on angle of system theory of action to arrest necessity need evidence,prosecution and sentencing evidence with homogeneity as the theoretical foundation, focus oncollection of evidence in sentencing ranges, collecting body and how to implement therelevant content. General for, article of basic argument is: Sentencing evidence is essentiallyto prove that the constitutive elements of crime other than the fact that the factual basis of thecriminal responsibility of the perpetrator, and arrest necessity, and sued necessity evidencewith homogeneity, thus should mainly by investigation organ or sector in investigation stagefor collection; crime suspects and defender also has forensics of right; Prosecutor and judgebased on objective obligations, and litigation care obligations has supplementary collection ofobligations; should through strengthened public security organ of proved responsibility, andEnhance protection for suspects in particular the right to defence counsel investigation,implementation of objectivity of the Prosecutor and judge lawsuits concern obligations toimplement sentencing evidence forensic tasks.This paper constitutes the introduction and body, the body has three parts, a total of threethousand words.The first part of the concept and scope of the study on sentencing evidence. On theconnotation, mainly refers to sentencing evidence prove that the constitutive elements ofcrime other than the fact that the factual basis of criminal liability of the perpetrator; from theextension point of view, sentencing evidence relating to crime, the perpetrator, victim, as wellas social factors various sentencing information on four. Sentencing evidence and catching need evidence in content, scope, evidence of action properties, and object of proveconvergence. Therefore, the sentencing evidence and arrest stage performance for arrestedneed evidence, investigation and prosecution stage will take the form of the necessity for theprosecution and sentencing recommendations based on, at the trial stage is the basis forsentencing.Study on the second part of sentence who will collect the evidence. About sentencingbody of evidence collection, can be divided into two categories: first sentencing evidence bythe prosecution and trial of one or more parties to collect, and second, by the prosecution andtrial outside the professional body or person is responsible for collecting or sharing evidencetasks. In view of sentencing evidence and catching litigation necessity evidence has with masssexual, not only in trial stage only needs sentencing evidence, in review arrest stage, andreview sued stage also needs sentencing evidence, and regardless of is has arrest necessary,also is is has sued necessary, are should has investigation organ (sector) bear provedresponsibility, therefore, sentencing evidence main should by investigation organ (sector)collection, but defence party, and was damage party, and procuratorial organ and Court, alsohas forensics of right or obligations. Define sentencing rationality of evidence collection isthat it can without increasing litigation and litigation costs, and meet the requirements offorensics objective and comprehensive subject helps prosecutors carried out smoothly andarrest, prosecution and sentencing recommendations, as well as sentencing the courtreasonably active.The third part is mainly from the implementation of dynamic angle sentencing evidencecollection problems. Given that sentencing evidence collection is a systems engineering,strengthening public security organ of the burden of proof should be to protect defenders ofthe right of investigation and evidence collection, implement action care objective obligationsof prosecutors and judges in sentencing evidence such as obligations to the letter. Specific for,public security organ should effectively fulfil on arrest necessity and sued necessityconditions of proved responsibility, according to law objective full to collection aboutevidence; parties main should for Defender effective exercise investigation forensics rightgiving support, especially courts organ should according to law take strong measures toprotection Defender collection conducive to crime suspects, and defendant of sentencingevidence; based on objective obligations of requirements, Prosecutor should in investigationforensics of Foundation Shang supplementary collection sentencing evidence, necessary Shi can boot on sentencing facts of investigation work, And defenders and killing or collectingsentencing evidence related to guarantees; court sentencing issues such as open or change thefacts, judge care obligations required litigation, if necessary, evidence collected throughsupplementary punishment to deal with, but the judge ex officio of out-of-court investigationshould be limited.