Research On The Countermeasures Of Perfecting Our Country’s Sentencing Defense System

With the development of Chinese sentencing reform, sentencing defense and the lawyer play more and more essential roles in sentencing process. Sentencing defense is the important content of the reform of the sentencing process. If lack of the participation of the defendants in sentencing process reform, trial will not be able to structure formation and the prosecution against the lawsuit. As a result, the construction of relatively independent sentencing procedure will be nullified. During sentencing process reform, dominated by the supreme people’s procuratorate and the supreme people’s court, and sentencing proposal and sentencing program mode has carried on the positive reform. But for sentencing defense related issues, whether it is the reform of sentencing process normative documents, or around the reform practice, did not give enough attention. Legal profession for sentencing defense also basic maintain wait-and-see attitude, rarely targeted efforts to problems relating to sentencing defense. To carry out effective sentencing defense is conducive to strengthen the trial against, to provide comprehensive sentencing information for the judge, safeguard the lawful rights and interests of the accused person. In-depth understanding sentencing defense requires us to have a series further discussion about issues such as sentencing defense properties, the value of its existence, the existing problems and solution.Improving the recognition of sentencing defense question, can change the long-standing thought of heavy conviction and light sentencing in criminal proceedings conviction. And presenting a more comprehensive and abundant sentencing information for the court, makes the court hear different opinions, promote the judge’s discretion results to be more reasonable. In addition, carrying out effective sentencing defense can have a positive influence on strengthening the trial against and safeguarding the lawful rights and interests of the accused person. To know the sentencing defense more, we need to discuss the nature of the sentencing defense, the value of existence, the solution of the existing problems in depth. In recent years, the sentencing standardization reform has played a positive effect on the "heavy qualitative and light sentencing" ideas in our traditional criminal justice and practices, gives the development apace for the sentencing defense. Now there are problems in our sentencing defense, including the incomplete legal basis, the low trial participation for a lawyer, the incomplete sentencing information, the inadequate reasons of the judgment documents. So we should perfect our country’s sentencing defense system, through strengthening the attention, clearing and perfecting the legislation, and the sentencing defense measures should be followed at the same time. Only the necessary safeguard measures are into practice, the principle of sentencing defense regulations can play a role, the rights and obligations can be from paper specification into a reality. Sentencing reform has given rise to sentencing defense system, the development of the sentencing process reform leads to the development of sentencing defense system, the two are interdependent. As a whole, because of the reform and development of the criminal justice system, the sentencing defense system functions well. To guarantee effective sentencing for the accused person should be the main content of sentencing reform of the system in the future, and should be seriously treated by the reformers.