Study On The Proof Of Independent Sentencing Procedures

A relatively independent sentencing procedures applied in criminal proceedings system had established since "Opinions on Regulating the sentencing process Issues (Trial)" implemented in2010. Due to the nature of the sentencing process and its own characteristics, the proof of Sentencing became an unavoidable problem to fully implement the relatively independent sentencing produces. The proof of Sentencing is said to be the essence of whole sentencing procedures, which is inseparable from whether in the relatively independent sentencing process of our country or in the narrow sense of common law. Without the supporting from sentencing proof, sentencing procedures is likely to become a formal sense program, neither to achieve the purpose of regulating criminal sentencing, nor to limit the discretion of judges.Although our country has made a historic step in the independent of sentencing procedures, but there are still a lot of content needs to be filled in the proof of sentencing currently. In the view of this, it will be very necessary to refer the foreign sentencing certification system. In fact, the Sentencing proven system of common law has more referential significance than that in civil law for our country, which had also introduced a number of initiatives on the sentencing reform. Without changing our current basic premise of the judicial system, and adhering to the use of inquisitorial trial mode in civil law, many scholars believe that it’s reasonable to introduce and absorb the highlights of adversarial trial mode in common law for the proof of sentencing.The article is divided into five parts. In this paper, I will intend to start from the concept and characteristics of the proof of entire criminal proceedings, analyze the importance and specificity of proof to independent sentencing procedures in every directions, then find out the similarities and differences on specific issues in the proof of sentencing by comparing the civil law and common law, and identify the shortcomings and deficiencies existence in three aspects of proof in our relatively independent sentencing process to achieve the purpose by puting forward some improvement which has practical significance.