The Study Of Normalization Of Sentencing Procedure

Due to the influence of traditional Chinese litigation concept of "reconviction,light sentencing","heavy entity and light procedure",the problem of sentencing procedure has not been given due attention in China's legislation and judicial practice.With the in-depth study of litigation theory,the important significance of sentencing justice and procedural justice has gradually been recognized by people.Since the beginning of the 21 st century,the reform of sentencing program has been implemented as an important part of judicial reform.In 2012,China's criminal procedure law amended cleared the independence of sentencing trial in legislation for the first time.The later judicial interpretation of the law absorbed the main achievements of the reform of sentencing procedure in China,and established The "relative independent sentencing procedure model" in criminal proceedings in China.However,the relative independent sentencing procedure model still has a great unreasonableness.With the further development of judicial reform,many systems in the field of criminal procedure have been changed.Therefore,the standardized design of sentencing procedure also faces new opportunities and challenges.Therefore,this paper focuses on the standardization of sentencing procedures as the research subject,and mainly analyzes the standardization of sentencing procedures in the new context of judicial reform.The article firstly gives an overview of the basic theoretical issues such as the concept and value of measurement and normalization of sentencing procedure.By investigating countries representative of sentencing procedures standardized content in the Anglo-American law system and continental law system,find the reference for the development of sentencing process standardization of our country.Combining the present situation of the legislation and the judicial results of the sentencing procedure in China,This paper points out three main problems that exist in the normalization of sentencing procedure in China,That is to say,the mode selection of the sentencing procedure is not reasonable,the design of the specific rules of the sentencing procedure is notstandardized and the related system has caused obstacles to the standardization of the sentencing procedure.On the investigation of the new background of judicial reform,this paper put forward the improvement measures of the standardization of sentencing procedures in China.The first is to rationalize the sentencing procedure model.It is clear that the absolute independent sentencing procedure mode is more reasonable in ensuring the fairness of conviction,the defense of effective sentencing defense,and the realization of the effective restraint of judge's discretion.Meanwhile,the development of judicial reform also provides a feasible basis for the implementation of the absolute independent sentencing procedure model in criminal proceedings in China.Secondly,by the expansion of the scope of the investigation report system,clearing the burden of proof allocation of sentencing,establishing the multi-level sentencing prove standard,to perfect the standardization of specific rules of sentencing procedure.Finally,through the reform of the juror's power,or through the establishment of a grand juror's collegial panel to break down the obstacles of sentence of the jury system.By integrating and cleaning up local sentencing judicial documents,establishing the filing supervision mechanism and the external supervision mechanism of the sentencing judicial documents to standardize local sentencing judicial documents.