On The Lack Of Sentencing Procedures And Route Choice

Adopted on March14th2012, the amendment of criminal procedure law has well-stipulated that if the count premised, the prosecution and the defense can express their different opinions on the sentencing and debate with each other. This is the affirmation to our country’s reform of sentencing standardization, and it marked the substantive leap of reform Chinese criminal procedure law, however, after so many years exploration and attempt, the sentencing procedures still not put into force with this criminal procedure law amendment yet.The innovation of this paper should be falling into four tips. Firstly, according to the analyze from Chinese criminal judicature in force, the author will seek out the reason why the abuse of sentencing existing in Chinese sentencing. Secondly, from analyzing the sentencing procedure and its abuse to summarize the influence of Chinese sentencing procedure, and then combine with Chinese judgment practice. In the end, on the basic of both efficiency and justice to put forward some ideas about perfecting the choice of Chinese sentencing procedure model, basic idea and the reforming of the supporting measure.In general, this article is mainly composed of introduction, main body, conclusion of three parts, which are divided into four chapters. A s followings the writer will expound detailed mainly from the following four parts:The first part is the general idea of the sentencing procedure. This part will mainly introduce the differences among the basic concept, the characteristic and the conviction procedure of sentencing procure, and then make a further explain that the necessity of improving and perfecting Chinese sentencing procedure from various angles.The second part is investigating the comparative research of sentencing procedure. This part will investigate the sentencing procedure between Anglo-American law system countries and continental legal system countries, then from that result to find out a right sentencing procedure model for china, what’s more, to look for what china can learn from the foreign country to be improved. The third part, the evaluation of Chinese relative sentencing procedure. To evaluate the relative independently sentencing procedure that Chinese pilot court take from the general situation of Chinese relatively sentencing procedure’s legislation and juice and the reform problem, and find out the main problem, including the simplification of the sentencing procedure, the judge has too much discretion when he make a sentence, without personality survey report system before sentencing, the evidence rule of sentencing procedure is not complete, argument system missing of sentencing in paper of judgment, and so forth.The fourth part, the selection of perfecting Chinese sentencing procedure. Firstly, the overall vision how to improve and perfect Chinese sentencing procedure, secondly, study systematically from the basic thought and supporting measure.