An Analysis Of Sentencing Debate

The judicial reform proposes that sentencing debate should be fit into the trial procedure, which marks the significant change of the trial mode. Numbers of cases in trial practice have proved that this system is beneficial to accusers and accused to exercise their rights to prosecute and defend integrally. Moreover, free judgment will also be normalized and constricted, promoting a public trial as well as judicial fairness. As a new grown system, sentencing debate has revealed its own characteristics and achieved a significant impact not only on law but also the whole society since its implementation. However, problems were raised from this system, encountering with these problems, more reasonable solutions should be put forward from the perspective of the trial, the accused and the defendant to perfect sentencing debate system.As a legal practitioner, it is profoundly known that this system is a major content in the reform and its implementation is directly related to the effect and process of the standardization of sentencing reform. Thus, according to the analysis of the problems existed in the operation of sentencing debate, effective solutions could eventually be put forward after integrating theory with practice. The development background of this system will be the starting point of this paper, combining with current situation and effect of hearing procedure, summarizing the problems in this new court procedures, such as the neglect of collecting sentencing evidence, widespread convicted lighter punishment ideas, the defendant cannot develop their abilities in sentencing defense, sentencing imbalance, etc. With deep analysis of the causes of these problems, some proposals, based on the Chinese fundamental realities and judicial actuality, are presented.