Study On Sentencing Reasoning

Sentencing reasoning is an important part of the judgement reasoning.the final foothold of the criminal judgment."Justice is rooted in trust",normative and clear sentencing reasoning can greatly enhance the acceptability of the criminal judgment.,maximize the parties, the public trust in the referee, improve the credibility of the judicial adjudication.However,the sentencing reasoning in criminal judgement of our country is not perfect,problems have been remained such assimplicity, formatting.To study and improve the criminal judgment of sentencing reasoning not only can promote the improvement of the sentencing standardization reform in our country but also to be an important part of the judicial documents reform in our country.To solve the problems of sentencing reasoning in judicial documents,we must know the content of the sentencing reasoning:the source basis of the sentencing conclusion, the law which the sentencing reasoning based on;the process of circumstance for sentencing adpoted; the adopted of circumstance for sentencing and the nfluence of sentencing conclusion;whether or not to accept the publicprosecutor’s sentencing recommendations and why.Sentencing reasoning can not exist without evidence.The public security organs and procuratorial organs should enhance the initiative of collecting sentencing evidence,expanding the scope of the sentencing evidence collection,on the basis of the existing especially need to pay attention to the evidence which can reflect the defendant’s growing experience,family background,social situation and the change of the pleaded guilty attitude,meanwhile,strengthen the protection of rights of the defendants to collect evidence.In the terms of sentencing evidences’presentment and protection,we should know that sentencing evidence also has the general properties and features,making the judgment reasonable and legal together with incriminating evidence,we should also know the specificity of sentencing evidence,it’s source, form, way should be limited to less,the sentencing evidence which are condutive to the justice can e accepted.Of course,sentencing process presentation should be concise as far as possible and avoid repetitive narration with the conviction evidence.Reply after trial is an extension of the reasoning,an important way of solving the lack of reasoning,it should be based on the whole control of the case.it also can answer specific questions raised by the parties professionally. Perfect reply after trial can effectively absorb the parties’s dissatisfaction on the case,increasing the parties’ acceptance to the judgement,but the subject, time, responsibility way of reply after trial should be further clear.To realize the standardization of sentencing reasoning,Technical improvement is needed.On the basis of narrative real.sentencing reasoning should be. formal and clear.we should pay more attention to the instructions of the single sentencing plot’s function,the reason of choosing the multi-function sentencing plot,the division of the plural sentencing plot.In addition,diversified structure,using legal rhetoric,giving full consideration to the feelings of the parties,the above can be the skills to make the sentencing reasoning formal, in turn,they can strengthen the acceptability of the sentencing result.Enhance the level of sentencing reasoning,we should set up a supporting system.Strengthen the responsibility and ability of the judge as the role of the reasoning,strengthen the judge’s degree of attention to sentencing reasoning,perfect the sentencing plea,the sentencing survey, the sentencing hearing,construct a scientific system of sentencing and evaluation to speed up the sentencing procedures of retrieval.Continue to implement the "the judgment to the public",let the trial to accept public supervision,let justice be realized by the way which people can see.