Study On The Sentencing In Court Of Criminal Cases In Primary Courts

The reform of the criminal procedure system centered on trial aims to make the trial procedure play a decisive role.In order to promote the trial substantiation,the reform pays more attention to the improvement and promotion of the judgment method closely related to the trial,and advocates the sentencing in court.Sentencing in court closely relates to the court trial which accords with the principle of centralized trial in criminal trials,and highlights the substantive role of the trial.Sentencing in court enables the accused to feel the timeliness of judicial decisions,and highlights judicial authority.The requirement of sentencing in court of different judicial procedures is different.Whether the defendant admits the guilty or not has become an important watershed in the application of different judicial procedures.There are more cases and less people in primary courts,and the most are minor cases.Therefore,the primary courts have the conditions for the selection of different judicial procedures in accordance with different cases.However,there is a disconnection between judicial practice and theory.In practice,there are some problems,such as the arbitrarily application of sentencing in court and the formalization of the trial,and so on,which make a pattern of “regular sentencing becomes the norm while sentencing in court is rare”.In order to accurately grasp the connotation of sentencing in court,based on the definition of its meaning,this paper thinks that the judgment in court has three characteristics: continuity of trial and judgment,clarity of time and universality of application.As a way of sentencing,the judgment in court,for the court proceeding is helpful to improve the efficiency of litigation procedurally and to promote the substance of trial;for the main body of the proceedings,to enhance the ability of judicial independence of the judge,strengthen the public prosecutor's sense of professional acquisition,protect the litigant's right of action and lighten the value of other litigant participants;for the public,it has the effect of strengthening the judicial credibility and declaring the good behavior pattern.The text rules of sentencing in court mainly include legal norms,judicial interpretations and local documents.However,the legal norms do not have a clear position,the judicial interpretations are limited,and local documents are not standardized.In order to explain the current situation of sentencing in court,taking the primary courts in four different regions as samples,through the empirical analysis of sentencing in criminal cases of primary courts,including the statistical analysis of the sentencing rate in court,the correlation analysis with the trial elements,the analysis of the influence of the relevant factors on the sentencing in court and the analysis of the applicable characteristics of the sentence in court in practice,to reflect on the problems existing in the application,and furthermore,analyses that the text rules need to be perfected and the trial resources need to be integrated,which lead to the criminal cases in the primary courts not being pronounced in court.In order to correct the problems in practice and promote the realization of sentencing in court,this paper considers to construct a complete normative system from the following aspects: establish priority-of-application provisions of principle,clarify the boundaries between the applicable scopes of different trial procedures,establish effective supervisory mechanisms and procedural sanctions mechanisms,etc.To realize the collection of judicial duties and the effective allocation of judicial resources by strengthening the exchange of experience between judges and establishing a scientific and reasonable appraisal system.So that sentencing in court can play its inherent applicable value and return to the expected state of application.