The Plight And Solution Of Sentencing Defense

In 2010,the Opinions on Certain Issues Concerning the Standardization of the Sentencing Procedure(Trial Implementation)were formally promulgated.The court in our country established a relatively independent sentencing procedure,and sentencing was incorporated into the court proceedings.In 2013,the Notice of Supreme People’s Court on the implementation of the standardization of sentencing was promulgated subsequently,which marked the official start of sentencing standardization and procedural reform.Sentencing defense,as an indispensable part of the sentencing process,becomes more and more important and gradually gains the attention of theorists and practitioners.Sentencing is a kind of criminal defense,which means that with the precondition that there is no objection on the conviction,the defender can propose and argue various statutory or discretionary sentencing circumstances to persuade the court to make a lighter sentencing.Thus,it is a defense activity through which the defendant may gain a relatively lenient criminal punishment.At present,the sentencing defense is gradually popular.However,due to the lack of related theories and supporting systems,many difficulties are encountered in theoretical research and practice.The improvement of sentencing defense system is related to the realization of fairness and justice,and is of great significance to the legal system construction.Based on this,this paper tries to analyze the plight and cause of the sentencing from the perspective of the standardization of sentencing,and to explore a method that is compatible with the sentencing standardization by combining the relevant theory and the system of sentencing standardization.The text of this paper is composed of the following parts:The first part is an overview of sentencing defense,which mainly introduces the concept,characteristics and the significance of sentencing.From these aspects,we can understand the basic theory of sentencing and a foundation for the follow-up research can be laid.The second part introduces the sentencing standardization and its impact on sentencing defense,and briefly summarizes the content and development of sentencing standardization and analyzes its impact.The third part is the status quo of sentencing defense and the case analysis method is used to understand the general status quo of sentencing defense.The fourth part is about the plight and cause analysis of the sentencing defense.Through a brief analysis of the status quo,the conclusion of the major problems faced by sentencing defense can be drawn.Then,a briefanalysis of the causes of those problems is made.The fifth part is the solution of the sentencing defense in the perspective of the sentencing standardization.A series of related concepts are put forward so that the sentencing defense cannot only adapt to the standardization of sentencing but also get rid of the plight and function well.