Research On The Confrontation Between Sentencing Suggestion And Sentencing Defense

In 1996,China's criminal procedure law was amended to establish a model of confrontation in criminal proceedings.Criminal procedure has begun to be reformed,and sentencing procedure has gradually gained a relatively independent legal status.On the premise that there is no problem or controversy in the conviction,the sentencing proposal and sentencing defense have formed a tit-for-tat relationship under the mode of prosecution-defense confrontation due to the different positions of the prosecution and defense.Although sentencing proposal and sentencing defense are opposed to each other in court,they are both aimed at restricting and restricting the judge's discretion in sentencing so as to pursue fairness and justice in sentencing.therefore,sentencing proposal and sentencing defense are also a pair of contradictory and unified complexes.In the criminal procedure,the conviction is no longer controversial.the process of sentencing proposal versus sentencing defense is the process of opposing the factual evidence and legal application of sentencing and finally being adopted by the court.Procuratorial organs' sentencing suggestions and defense lawyers' sentencing defense have developed from germination to continuous progress in recent years,and are now gradually moving towards substance.The substantial confrontation between sentencing suggestion and sentencing defense in sentencing facts and sentencing evidence in criminal cases has also provided an opportunity for the rapid development of procuratorial organs' sentencing suggestion power and defense lawyers' sentencing defense form.The substantial confrontation between sentencing suggestion and sentencing defense in the sentencing procedure of criminal proceedings has also promoted the legalization and democratization of criminal proceedings in our country.The relevant legislation of sentencing suggestion and sentencing defense in the countries of Anglo-American law system and continental law system abroad is different,and the prosecution-defense confrontation of sentencing suggestion and sentencing defense also has its own characteristics in judicial practice.however,typical countries abroad unify the basis for prosecution-defense confrontation of sentencing suggestion and sentencing defense in the form of legislation,promote the prosecution-defense confrontation of sentencing suggestion and sentencing defense with the pre-sentencing investigation report,and guide the practice of sentencing suggestion and sentencing defense-defense-defense confrontation with criminal cases,all of which provide many advanced experiences and useful references for the legislative perfection and judicial practice of sentencing suggestion and sentencing defense-defense-defense-defense confrontation in our country.For a long period of time,our country's sentencing suggestions and sentencing defense prosecution and defense confrontation are not sufficient.Due to the uneven development of sentencing suggestions and sentencing defense in the prosecution-defense confrontation,the legislative supporting system and judicial practice of sentencing suggestions and sentencing defense-defense confrontation are not perfect.the prosecution-defense confrontation between sentencing suggestions and sentencing defense has not been truly materialized in the trial,and there are still many problems.In order to realize the essence of sentencing suggestion and sentencing defense and defense confrontation in criminal proceedings,improve the efficiency of criminal proceedings and maintain the fairness and justice of justice,it is necessary to thoroughly analyze and study how to perfect the relevant supporting systems of sentencing suggestion and sentencing defense and defense confrontation legislation.in view of the problems existing in the current judicial practice,it is necessary to strengthen the innovation of the concepts and concepts of sentencing suggestion and sentencing defense and defense confrontation in criminal proceedings,and ensure the equality between sentencing suggestion and sentencing defense and defense and defense and defense confrontation from beginning to end.Therefore,this thesis mainly uses comparative analysis method,literature analysis method,experience summary method and theoretical analysis method to carry out investigation and analysis.This paper studies and compares the concept connotation of the relevant basic concepts of sentencing suggestion and sentencing defense and defense confrontation,and analyzes the positive influence of sentencing suggestion and sentencing defense and defense confrontation on criminal procedure.Through the introduction of sentencing-related legislation and sentencing suggestions in typical countries abroad and the practice of sentencing defense,prosecution and defense,this paper explores the advanced systems and experiences that can be used for reference abroad.Then,combining with our country's practice,starting from the problems existing in our country's sentencing suggestions and sentencing defense and defense confrontation related legislation system and judicial practice,this paper analyzes and explores a meaningful way to perfect sentencing suggestions and sentencing defense and defense confrontation in four major chapters.The first chapter is an overview of the prosecution-defense confrontation between sentencing suggestions and sentencing defense.Firstly,this thesis analyzes the basic concepts of sentencing proposal and sentencing defense and defense confrontation,and makes a comparative analysis of the concepts of the two major elements(sentencing proposal and sentencing defense)that make up the prosecution-defense confrontation in sentencing procedures.combined with the positive influence of sentencing proposal and sentencing defense and defense-defense confrontation on the formation of criminal procedure in our country,this thesis further understands the theoretical basis and substantive connotation of the prosecution-defense confrontation law of sentencing proposal and sentencing defense.The second chapter is to explore the relevant legislation and sentencing suggestions of sentencing in the two foreign legal systems and the practice of sentencing defense,prosecution and defense and its beneficial reference.Through the introduction and comprehensive comparison of sentencing-related legislative systems and sentencing recommendations in typical countries of the common law system(Britain,the United States)and the continental law system(Japan)with the judicial practice of sentencing defense and defense confrontation,this paper provides a reference for the improvement of sentencing recommendations and sentencing defense and defense confrontation recommendations in the later part of this paper.The third chapter is the current judicial practice of sentencing recommendations and sentencing defense charges against the existing problems.This chapter makes an in-depth analysis and study of the problems existing in the current judicial practice of sentencing recommendations and sentencing defense and defense confrontation from many aspects,such as the lack of relevant legislative supporting systems of sentencing recommendations and sentencing defense and defense confrontation,the lack of subjective emphasis on sentencing recommendations and sentencing defense and defense confrontation,the bias in collecting relevant evidence of sentencing recommendations and sentencing defense and defense confrontation,and the discrepancy between sentencing recommendations and sentencing defense and defense and defense confrontation on sentencing judgment results and defense confrontation.The fourth chapter is through understanding the problems existing in the current judicial practice of sentencing suggestions and sentencing defense and defense confrontation,as well as the difficulties faced by sentencing suggestions and sentencing defense and defense confrontation in the reform of sentencing procedures,starting with the improvement of relevant supporting systems of legislation,the renewal of the concept of criminal prosecution sentencing suggestions and sentencing defense and defense confrontation,the comprehensive collection of relevant evidence(favorable evidence for sentencing and unfavorable evidence for sentencing)between sentencing suggestions and sentencing defense and defense confrontation,maintaining the equal confrontation status between sentencing suggestions and sentencing defense and defense and defense and defense confrontation from the beginning to the end,and comprehensively strengthening the reasoning of sentencing suggestions and sentencing defense and defense and defense and defense and defense and defense confrontation and interpretation methods and other aspects.