Study On The Procedural Safeguard Mechanism Of Sentencing Justice

Sentencing justice is the subject of continuous groping history of human civilization of criminal law to realize the purpose of criminal punishment, and it is the highest value target established in sentencing that based on the purpose of criminal punishment. The purpose of criminal punishment is the foothold of sentencing, sentencing should therefore be beneficial to the realization of the purpose of criminal punishment include "punishment, education, prevention ".The criminal law should punish criminals using the principle that "the same crime same punishment, different crime different punishment". From this point of view, the sentencing should reflect the overall equilibrium principle and punishment matching responsibility for an offence principle, which constitute the sentencing entity justice. As the sentencing procedure has instrumental value to sentencing entity. In the process of guaranteeing the sentencing entity justice, we must first safeguard the sentencing procedural justice, only through the fair, justice and public procedural system designed, the procedural mechanism can perfect the sentencing procedure, and then the sentencing entity justice can be safeguarded.The framework of the procedural safeguard mechanism realizing sentencing justice includes four aspects of content, such as the independent sentencing procedure, the system of multi-subject participating trial, the system of sentencing information investigated completely and the system of sentencing publicly, which based on four necessary characters that including independence, participation, completeness and publicity.And the independent sentencing procedure is operational supporter for the rest systems. In turn, these three systems can also through their own operation prompt the sentencing procedure propelling justly. Nevertheless, these four aspects have macroscopic guiding significance but little of operability. It should to seize the key part of contents and embody the key systems stand on holistic view so that realizing the progressive evolution from macroscopic to microcosmic. And it should to perfect the independent sentencing procedure, sentencing defense system, personality investigation system and sentencing reasoning system and then form a multiaspect three-dimensional mechanism.This mechanism is significant to perfect Chinese present sentencing procedure, to restrict Sentencing discretion effectively, to safeguard sentencing balance and individuation, to realize sentencing justice ultimately.