Research On Reasoning Of Criminal Sentencing Verdict

As one of litigious activities that a judge makes explanations and demonstrations on legitimacy of sentencing conclusions, reasoning of criminal sentencing verdict can not only restrict power of sentencing held by a judge, but also can strengthen acceptability of sentencing conclusions, which is helpful for realization of the goal to ensure that sentencing is fair and open. Especially with the implementation of sentencing suggestion system and sentencing standardization reform, the importance of reasoning of sentencing has been improved significantly. However, based on empirical analysis, the author finds that the overall condition for reasoning of sentencing verdict is not optimistic because of common existing of incomprehensive reasoning of sentencing, formatted reasoning method and bias of the reasoning subject on sentencing concepts, etc., which, for one thing, may directly leads to weak and insufficient reasoning in most verdicts and the lack of supports for theoretical analysis on sentencing conclusions; for another, the insufficiency of reasoning of sentencing verdict may cause query of a litigant on sentencing conclusions, so that the unnecessary second instance and retrial are triggered, which will not only lead to a waste of judicial resources, but also have influence on the realization of the overall objectives of fair sentencing, so that the effect of the reform of standardization on sentencing procedures will be indirectly impacted.After sorting out the problems in reasoning of sentencing verdict, with combination of analysis on necessity of reasoning of sentencing, the author proposes some countermeasures and suggestions that conform to the current juridical practice, in order to make benefits for improvement of reasoning of sentencing verdict in China.Concretely speaking, there are four parts in this paper:In the first part, the author mainly makes an overview on reasoning of criminal sentencing verdict from the prospective of academic interpretation, and provides theoretic support for research on reasoning of sentencing hereinafter. At first, the definition of reasoning of sentencing is extracted, and then the author makes analysis on three factors of reasoning of sentencing, namely, subject, content and object.In the second part, in line with the current judicial reform, the necessity of reasoning of sentencing verdict is put forward, so as to reflect the significance of research on reasoning of sentencing. The author makes analysis on three aspects:to clear the relation between sentencing suggestions and penalty measurement, to obey the overall goal for openness of court trail and fairness of sentencing, and to improve capacity of judges for conformity of trail effects and quality.In the third part, starting with the current status of reasoning of sentencing verdict, the author mainly focuses on empirical analysis, namely, to make analysis and data statistics through a large number of verdicts. On the basis of analyzing the current reasoning of sentencing, the existing problems for reasoning of sentencing are dissected:the content is not comprehensive; reasoning is formatted and bias exists on the concept made by the subject of reasoning.In the fourth part, based on theoretic analysis and practical surveys above, countermeasures and suggestions that can conform to the current status are proposed in terms of the insufficiency of reasoning of sentencing that generally exists in the current judicial practice. Continued from the second and the third part, the author shows that it is reasonable to strengthen reasoning of sentencing from enriching the contents of reasoning of sentencing, making flexible use in different occasions and replenishing languages to encourage characteristics.