On The Proof Of Sentencing Facts

In the activities of the criminal procedure, the accuracy of the conviction and the rationality of the sentencing are two basic requirements ,which are also our goals .After be convicted，the defendant have to face the sentencing. In trial，whether all kinds of sentencing fact associated with the defendant have evidences to prove it or not, it is important .Whether those evidences are fully proved by both sides, which is related to the final sentencing results .Firstly this thesis analyzes the concept of sentencing fact,and think that sentencing fact closely related with the concept of punishment.The sentencing face is different from the facts of conviction,such as in nature and purpose,so sentencing fact has its own value. Based on reclassify sentencing face，it includes legal of sentencing facts, belong to the criminal facts of discretionary sentencing facts, out of the criminal facts of discretionary sentencing facts. The thesis think that three kinds of sentencing shall apply strict proving or free proof of identification methods. In terms of the allocation of burden of proof, not only the prosecution bear the burden of proof of sentencing facts to, the defendant also need to bear the burden of proof. In terms of proof standard, the sentencing facts should be set up gradation standards. The first level of standard is not to set standards for both sids without dispute on sentencing facts. The second level of standard is preponderance evidence testimony standard. The third level of standard is beyond a reasonable doubt testimony standard.