The Theory Of The Construction Of Independent Sentencing Procedure Of Our Country

Under the current system, the country established a relatively independent of the sentencing process mode, to a certain extent, regulate the judges’ discretion, reflecting the shift in our Procedural Model-conviction trial center to the conviction and sentencing of both litigation mode, this is a big step forward in our judicial system reform. However, relatively independent of the sentencing process does not completely solve our problem in the sentencing process in question. For example, social credibility is not high sentencing judge, the judge’s discretion restricts insufficient and so on. I believe that the moment our efforts in sentencing reform made, can only say that to a certain extent to solve the specific problems of sentencing guidelines, did not effectively change the current sentencing decision-making process, but can not guarantee that the judge will not abuse its discretion，Thus, despite our program sentencing reform we made some progress, but the reform is still long way to go, need further efforts from all sectors.This article focuses on Difficulties and the Way of the sentencing process model. By comparing the two legal systems of different conviction and sentencing patterns, analysis of the current status of the sentencing process patterns and problems and arguments put forward to build our independent sentencing procedures envisaged the need to build on the basis of the independent sentencing procedures.