Actor Performance Influence Sentencing Research During The Litigation

In recent years, the sentencing issues gradually aroused the attention of academic circles and judicial organs, the supreme people’s court issued the relevant entity and procedure rules about the problem of sentencing standardization in 2010 and 2010. In 2014 the supreme people’s court announced "the fourth five-year reform program of the people’s court (2014-2018)", made a series of public policy rules about the personnel reform, the judicial power operation mechanism, the judicial protection of human rights, judicial public. The rules can affect judicial activities and sentencing activities. But, sentencing reform is promoted by relevant law or policy guidance and still can’t solve the complex and specific sentencing problem in the judicial practice; we need to conduct theoretical discussion from reality. Evaluating the actors’performance during the period of litigation is one of the problems which are worth studying.During the period of litigation, it belongs to the situation after committing a crime. For this kind of condition, it is necessary to understand or discuss the present situation and problems of performance evaluation during the period of litigation, analysis of related concepts, and the research question. Which is the performance can affect sentencing and how to affect. According to the purpose of punish crime and crime prevention requirements, judging something what could become the factors that influence the sentencing. The sentencing plot is characterization of the offender personal dangerousness and harmful to the society. The need of special prevention of crime prevention is the theory source of judgment the performance during the period of litigation.The performances to be used to influence the sentencing during the period of litigation must coordinate the relationship between the theory of shall not be forced self-in crimination and the silence. The two theories as western countries judicial theory the principle, it has reference impact to our country’s judicial. With the implementation of the new criminal procedure law of our country, focus on the new lawsuit idea and system coordination at the same time during judge the performance during the period of litigation can affect sentencing it is the problem we must to face.Not all performances of actors during the period of litigation can affect sentencing. Performance during litigation can be divided into two different types of can affect the sentencing and will not be able to affect the sentencing. For the former type can be further divided into two different types performances,they are should affect sentencing and can influence the sentencing. In accordance with the requirements of relevant theory and practice, establishing enforceability and operational evaluation system about the offender performance during the period of litigation, is our direction in the future. To further improve the system of justice.