Research On Sentencing Information Collection System

In recent years, as China's economic and social development, China's reform of the judicial system is also in constant development. In September2010, the Supreme People's Procuratorate, the Ministry of Public Security, Ministry of State Security and the Ministry of Justice jointly developed the sentencing guidance of the People's Court and ?the opinions of the standards in the sentencing procedures. It marks "relatively independent of the sentencing process" has been established in China. It also means the reform of China's sentencing procedures has taken a substantial step which is turning to the technical aspects.The reform of the sentencing process has completed the initial task, however, the theoretical study on the reform of the sentencing process should not stop. As a far-reaching judicial reform, it also has a series of problems to be solved, such as sentencing information collected. The collection of information in the sentencing process is an important factor to ensure the sentencing procedural reforms fall to the real point. If the sentencing information can not be established, the court to make judgments will still be seen as a secret and black-box operation. It is greatly influenced the pace of reform of the sentencing process. Therefore, the sentencing process relatively independent is established, but it should continue to move forward to complete the proceedings of the mission. So the return of the litigation form can be really achieved.This paper is firstly analyzed the collection of information in the sentencing procedures.Then it proposes the sentencing information collection system suitable for China. The article is divided into six chapters, the text of about thirty thousand words.The first chapter introduces there are difficulties in the sentencing information collected in China. The research is introduced from the prosecutors, the defendant and defense counsel, judges, victims, four angles.The second chapter is analyzed the reasons of the difficulties in the sentencing information collected.The mainly reasons have the main traditional judicial concept, the predicament of existing supporting system is flawed, wrong interpretation of the principle of presumption of innocence and defense lawyers to obtain information to lack of security.The third chapter explains the significance of the establishment of sentencing information collection system. It is conducive to procedural fairness, but also conducive to the realization of substantive justice.The fourth chapter introduces the sentencing information collected in the typical national of the two legal systems.By the way of comparison, it can provide useful lessons for the establishment of the corresponding system in China.The fifth chapter introduces the theoretical basis of establishing this system and the mature experience of the social inquiry reports in minor criminal cases.The sixth chapter, through to the domestic and foreign theoretical analysis and advanced experience in the foundation, unifies our country at present judicial present situation, proposed the sentencing information collection system suitable for China.Finally, the article summarizes the contents of the article and puts forward by the authors on the sentencing procedure more perfect.