Research On Sentencing Defense System In Our Country

Abstract:With the advancement of sentencing procedure reform in China, sentencing defense system has attracted people’s attention increasingly and progressively. But it’s not something new, it’s just a special form attached to criminal defense. Sentencing defense is a right of defendant and his lawyer to refute the prosecutor’s sentencing charges, or put forward some sentencing statements biased to the defendant during the trial. Sentencing defense involves not only procedural issues but also substantive issues. Performing sentencing defense right is a reflection of proceeding’s subject identity. By sentencing defense, the defendant will get a good sentencing conviction for him, which is the entity fair demand.Affected by the traditional concept of prejudice against sentencing defense, however, sentencing defense did not gain due attention and lack relevant laws and theory guidance in practice. Now the main problems exposed to public are as follows:lacking unanimous authorized concept of sentencing defense; the defense did not actively participate in sentencing defense; lacking effective security mechanism, etc. On this issue, common law system and civil law system has respective regulations. In order to better the process of sentencing defense in China, we can get a better solution of sentencing defense by learning from common law countries. Meanwhile, we should take measures from both the macro and micro levels. In macro level, an independent framework of sentencing process to expand the space of sentencing defense is supposed to be established. While in micro level, we can guarantee sentencing defense from the following seven aspects:clarifying the content of sentencing defense; protecting the right of preparation of the sentencing defense; providing legal aid for the defendant who does not cry peccavi and contrition; separately dealing with the defendant pleading guilty and not guilty cases; improving the level of lawyers in sentencing defense; demanding the judge to explain the reasons of the judgment; making social investigation report for a few cases.