Study Of Sentencing Procedures Standardized In China

The main point of this article:sentencing imbalance is concerned gradually by many countries in the world,the main reason is due to contradiction of the social supply and demand. Oxford University Professor Anderw Ashworth analyze the sentencing imbalance and put forward that sentencing imbalance is judicial injustice will ruin reputation for sentencing procedures and cause public distrust on it. In China, with people’s legal awareness improved, judicial activities are high required, people demands judicial fairness and more about its process, trial mode of conviction and sentencing can not meet people’s needs, so that sentencing procedures standardized is imperative.What’s novel about the paper is:first, refine its essence, when learning basic theory of standardized sentencing procedures, ultimately achieve to protect human rights legal system, the core of sentencing procedures standardized is to standardize right (power) to make effective balances between sentencing procedures standardized and the rights; second, summarize existing sentencing procedures defects, and depth analysis its damage and urgent problem; third, this article does not directly affirmed the sentencing mode of extraterritorial laws, get selective reference and an analysis on extraterritorial sentencing procedures about applicability and non-applicability; fourth, put forward complete suggestions on standardized sentencing procedures from the mode of sentencing procedures, rules of sentencing evidence and specific suggestions.The paper consists of four parts, the first part is the overview of basic questions of standardized sentencing procedures. In my opinion, we need to know well about the content, nature, difficulty level of the problem before working it out. So we need to understand its basic questions deeply, which includes essence, core, theoretical basis, value basis. We need to understand it rationally and make sure the right direction to balance its all contents and procedures then could avoid going astray by excessive pursuit on some aspects. I give the elaborations on the basics, concept, core, theoretical basis, value basis, and think that standardized sentencing procedures is a scientific standard and running process, the process reflects proper value, instrumental value, and its social value.The second part is problem analysis of existing sentencing procedures. I believe our existing sentencing procedures after analysis have the following problems:first, there is no integrity procedure of sentencing procedures. Second, sentencing procedures lack the effective participation of the victims. Third, sentencing defense lacks sufficiency. Fourth, the whole sentencing procedures lacks of transparency. To solve these problems, China has started a sentencing procedures standardized practice, but heavy conviction, light sentencing is very common in practice, and there is no uniform legal standards and system guarantee in sentencing activities. I believe the problems above restrict the sentencing justice to achieve, which is also a breakthrough for the perfect measures made in the next part.The third part is analysis of extraterritorial standardized sentencing procedures. In this section, I introduced sentencing mode of the extraterritorial law, analyzed separation mode and unity mode of sentencing procedures, found out the strengths and weaknesses in different countries, and summarized the sentencing procedures’s standardized process of extraterritorial laws. This section paved the way for suggestions put forward on sentencing procedures.The fourth part gives specific scheme on the standardized sentencing procedures. Through three parts discussed above, I clear the exist problems to be solved on the standardized sentencing procedures in China, and its analysis is mainly from the following aspects:First, mode selection, which decide the direction of standardized sentencing procedures. Second, to establish sentencing applicable rules of evidence, which is strong support for sentencing procedures, and a key division for sentencing procedures and conviction procedures. Third, specific suggestions on standardized sentencing procedures include four aspects:sentencing recommendations previously mentioned, the participation of victims, sentencing defense and sentencing reason demonstration. Specifically, to standardize sentencing suggestion, which put sentencing procedures in public to balance sentencing jurisdiction and develop space of sentencing defense, if sentencing suggestion is just titular, sentencing defense will lose real significance; perfect sentencing defense; perfect system of sentencing reason demonstration, we haven’t the system. I think system of reason demonstration is an effective way for the sentencing justice by study sentencing reason demonstration in America; perfect the right relief measures, no relief had no right, relief system is an important part of the standardized sentencing procedures.