Construction Of The Minors Crime Sentencing Procedures

Sentencing procedure is the procedure’s guarantee to realize the standardization of sentencing since it can realize the justice of sentencing in a transparent way and realize the openness and transparence of sentencing activities. What’s more, sentencing procedure can control the arbitrariness of the judge’s discretion and fully guarantee the litigant rights of litigant participants. In recent years, all sectors of the society are apealing for strengthening judicial protection for minor offenders. It has also become a main trend to punish minor offenders in a way of non-penalization, light punishment or non-imprisonment. In China, the issues which are caused by the lack of criminal legislation for minor offenders, such as the unscientific aspect of criminal punishment for minor offenders’ criminal cases and the imbalance of juvenile criminal sentencing, have already aroused people’s attention.In the process of current reform in the judicial system, the reform of sentencing’s standardization has been quite vigorous, and has made great progress. Scholars has also proposed that it is more suitable for China’s national conditions and judicial practice to establish relatively independent sentencing procedure. The thesis analyzes the problems and causes existing in sentencing of minor offenders’criminal cases in terms of the imbalance of current juvenile crime sentencing. Through the brief introduction of the independent sentencing procedure of minor offender’s criminal cases in Anglo-American law systems, the thesis discusses theoretical basis, basic principles and application mode of independent sentencing procedure in minor offenders’ cases and also makes suggestions to improve the social investigation system and delayed judgment system. Finally, on the basis of this, for the minor offenders who are quite special subjects, a set of sentencing procedure independent of conviction procedure should be necessarily set up in order to break through one pattern or relatively independent trial procedure, which can ensure the justice of final sentencing results and realize judicial justice from the perspective of procedure so as to ultimately maximize the benefit protection for minor offenders.