Research On The Jurisprudence Of Criminal Judgment In China

Sentencing reasoning is an important part of criminal judgment,and is the final stop of the whole criminal lawsuit activity."Arising in the course of justice from the referee," sentencing judge is an important part of the trial procedure,and reasoning is the essence of judgment.However,at present,our country criminal procedure in conviction and sentencing imbalance concept has not been fully corrected and reflected in the judgment,sentencing reasoning is inadequate.Sentencing standardization reform required judgment carries on criminal trial procedure justice of litigation value,record the trial activities of litigation participants about sentencing Suggestions,comments.Sentencing process to give equal opportunity to participate in the prosecuting and defending parties,the judge shall refer to both sides and then comprehensive reasoning,required by the program participation,equivalence,the judge should be around provides information of sentencing,the prosecuting and defending parties take or reasons are given,including the sentencing fact demonstration,legal basis for analysis of the plot,realize the neutrality,the sentencing conclusions not only has the proper operation of the entity,and acquire the legitimacy of the program.The author thinks that in the criminal procedure law in our country directly on the sentencing reasons things out the detailed provisions of the conditions is not mature,the improvement of the program can be attention to,the author on how to incorporate the sentencing process better,how to help for the prosecuting and defending parties in sentencing the fact plot in the trial of proof,cross-examination and argument,put forward the building program and the victim participate in sentencing,the crime measurement pleading effective defense measures such as strengthen the defense,to enhance the two sides in the sentencing process,thus helps to obtain the comprehensive judge sentencing information,thus sufficient reason.The article focuses on the program optimization,process,physical specification details,judicial system,outside the experience for reference,in order to provide some assumptions for improvement of sentencing reasoning problems in our country.