The Use Of Independent Sentencing Procedures In Death Penalty Cases

The traditional conviction control as the center, attached to the conviction sentencing litigation theory and system specification, already couldn't adapt to the practical needs of the society. The social demands to the procedural justice and result justice of the death penalty sentencing are unprecedented rise. Typical cases of“Fudan poisoning” and “Yunnan Li Changkui case” is the two causes of death penalty sentencing with a lot of controversy. Many problems reflected in the death penalty trial, such as lack of information, lack of litigants, the sentencing process closed, sentencing results unconvincing and so on. Therefore, the independent and canonical sentencing procedure is urgently needed. The independent operation of conviction and sentencing,to ensure that all parties attended in the death penalty, should be based on the diversion of cases. To adopt actively and to participate effectively in the decision of the sentencing decision, and to strengthen the reasoning method and sentencing argument release judgment documents. Through the bottom-up reform pilot, trial and error techniques and timely and appropriate legislative breakthrough is the only way of construction and the achievements of China's death penalty sentencing procedure reform.