A Study Of Sentencing In Court System

The sentencing system in our country can be subdivided into court sentencing system and regular sentencing system. Court sentencing refers to declaring the final verdict in court the instant the case is finished after the court hearing process; Regular sentencing applys to the cases that can not declared in court and after the hearing process, at the end of the trial, the litigant participants will be informed that the verdict would be declared after serious deliberations by the collegiate bench. Court sentencing and regular sentencing are both judicial organs' legal settlement ways of informing the litigant participants of the verdict and notifying the public. Both continental law countries and common law countries prefer the way of court sentencing. Therefore, the high court sentencing rate comprehensively embodies that the high professional qualities of the judicial contingent, the judicial transparency, the justice of judicial activities and the perfect judicial system of the country.Although contained legally in law for a long time, court sentencing system was not seriously emphasized by the courts until December in 1998, the Lord President Xiao yang made his speech at the sessions of the national senior court. After that, the courts began to do some explorations and researches in order to improve the court sentencing rate.Besides the introduction and the epilogue, this article is divided into four parts.The first part describes the realistic dilemmas our court sentencing system faces. The following aspects are mentioned to demonstrate the current situation of the court sentencing system in China: the low efficiency of judgment in court, the primary pattern of most cases applying summary procedure, extra court sessions for pursuing higher court sentencing rate and the existence of sentence before trail. Only if we had a better understanding about the realistic dilemmas our court sentencing system faces, can we reasonably analyze the reasons why these dilemmas occurs.The second part analyzes the reasons of the low efficiency of court sentencing in China.The following aspects are mentioned to demonstrate the question: the deficiency of the law system, the unfulfilment of the function of the pretrial preparation procedure, the low implement of basic principles of court trail stage and the unscientific structure of the court trail system. As long as we find the most fundamental reasons of the problem, we can analyze the problem in-depth and suit the remedy to the case, then find a way to improve it.The third part compares the court sentencing systems in other countries or regions. In this part, the author mainly studies the court sentencing systems among common law countries such as the British and the united states, the civil law countries represented by Germany and French, and the court sentencing system in Taiwan and Hong Kong, China.Primarily, the author analyzes similarities and differences on the court sentencing systems between common law countries and civil law countries in order to make contributions to China's court sentencing system.The fourth part states the necessities and specific measures for perfecting our court sentencing system. In this part, the author discusses the necessities to improve our court sentencing system. Besides, based on the realistic dilemmas and their causes in previous stages, several specific solutions are put forward by the writer in order to improve the court sentencing system in our country.Roman was not built in a day, so does the court sentencing system. It is a long journey,from its suggestion stage, its modification and final perfection phase, for this system's establishment. As long as we pay enough attention on this system, explore and summarize in practice constantly, the court sentencing system in our country would gradually implements its system functions.