Research On The Procedure Model Of Sentencing System

The two core targets of a criminal trial are convictions and sentencing.The criminal trial procedure mainly includes two parts of the conviction and the procedure of sentencing.On the basis of accurate conviction,setting a scientific and reasonable sentencing procedure to punish the defendant with a fair and reasonable penalty is the basic requirement of the justice of sentencing.The current criminal procedure in our country adopts the model of the mixed procedure of conviction and sentencing.With the development of China’s economy and society,the traditional convictions and sentencing mixed system procedure mode is hard to adapt to the development and change of society.Many drawbacks begin to appear,and no longer satisfy people’s expectations and requirements for sentencing justice,so we must make corresponding changes.The basic factors of China’s criminal judicial litigation system,handling mechanism and judicial resources,combined with the current "trial centered" litigation system reform and development direction,this paper attempts to analysis the conviction of two legal system countries independent sentencing system,propose to establish the relatively independent sentencing program mode with Chinese characteristics.According to three different court proceedings,different sentencing procedures are applied respectively.It is expected that in China’s "trial centered" litigation system reform framework,we must establish a relatively independent sentencing system procedure mode with our characteristics as soon as possible,so as to ensure the justice of sentencing.