A Study On The Normalization Of Sentencing Reasoning In Capital Cases

The reasoning part of the criminal judgment is the core of the whole instrument which includes conviction reasoning and sentencing reasoning.In capital case,since the sentencing result affects not only the defendant's personal liberty and property,but also the more important life,the sentencing controversy in capital case is often far greater than the conviction dispute.For death penalty cases,it is urgent to improve the adequacy and acceptability of sentencing reasoningThis paper mainly conducts empirical research on the normalization of sentencing reasoning part of judgement in capital cases,and examines the problems and irregularities in sentencing reasoning,so as to put forward some suggestions for improvement.This paper selected the verdict for immediate execution,the death penalty suspended it for two years,and the death penalty suspended it for two years at the same time limit reduced,100 judgment for each result.A total of 300 judgments are made,and the empirical study is focused on the content and expression of the sentencing reasoning.The research framework of this paper is divided into two levels.First,the separate demonstrations of the three components of sentencing reasoning are used to summarize the existing demonstrations of each part.The second is to conduct an overall survey of the various part of sentencing reasoning and to summarize and analyze the problems that exist in each part.Based on the results of empirical research,this paper finds that the current judgment has many deficiencies in the facts of sentencing,the role of sentencing,the opinion of the prosecution and defense,and the discussion of the final part of the Court's reasoning on sentencing.In addition,several problems such as lack of logic and nonstandard language expression exist in sentencing reasoning.In view of this status quo,this paper makes a legal linguistic perspective on the above issues,and puts forward some normative recommendations on each issue.Finally,this paper investigates and draws lessons from the sentencing reasoning in other regions,and at the same time,based on the the judgement itself,it proposes the following feasible suggestions for improvement:(1)completing the chain of sentencing logic in reasoning;(2)conviction reasoning and sentencing reasoning division;(3)strengthening the discussion on whether to adopt the parties' point of view of the sentencing and the reasons;(4)enhancing the adequacy and acceptability of sentencing reasoning;(5)improving pertinence of sentencing reasoning.