On The Defense Of Sentencing

China’s "Criminal Law" Article61provides that, in determining sentence for criminals, should be based on the facts of the crime, the nature and circumstances of the crime and the harm done to society, imposed in accordance with the relevant provisions of this Act. China’s judicial practice has always been a conviction based light sentencing that the nature and type of crime suspects, a lot of space in the courtroom-that constitute the crime and the specific part of which charges of debate, and caused criminal defense of a mere formality, a great deal about the specific circumstances of the crime of criminal suspects, repentance plot dangerousness of the person, as well as harmful to society did not receive attention and does not fully debate. In this case, with the propulsion and in-depth reform of the judiciary, the Supreme Court timely promulgation of the "People’s Court sentencing guidance, two third year of the introduction of the views of a number of issues on the specification of the sentencing process, which sentencing unprecedented attention of the defense. Sentencing defense is not enough depth, such as sentencing defense should be as relatively independent of the "People’s Court sentencing guidance, or completely independent in the trial proceedings (which is to carry out the conviction of the prosecution and the defense trial guilty hearing the prosecution and the defense trial) separately on sentencing issues worthy of further investigation, because the positioning of this program is not only far-reaching, but the actual impact on the sentencing of defense effect is huge; Another example is the sentencing nature of the defense and the pursuit of goals to be clear, sentencing defense in general is undoubtedly a physical defense, but at the same time to carry out the sentencing defense may be interested in the prosecution of the crime to the probative force of the plot, relevance to refute this time sentencing defense is actually evidence defense; and the collection of evidence of the prosecution and sentencing of means and ways to be questioned and asked the court to determine the evidence collected through illegal procedure is invalid, this time of sentencing defense actually defend the; This is useful will discusses the nature of the sentencing defense, objectives, significance. Similarly, the ideas and methods to carry out sentencing defense we need to discover, to explore. Only when the concept of defense in sentencing, litigation values, goals, meaning, ideas, defense and judicial practice in China to carry out the sentencing defense barriers and other aspects of the problem are comprehensive to think, to explore, we can complete and in-depth understanding of sentencing defense in order to better carry out the sentencing defend the legitimate rights and interests to the greatest degree of maintenance, in order to fully maximize the reach of justice.