Study On The Publicity Of Sentencing Steps In The Criminal Judgment

In criminal trial,the sentencing fairness is of vital importance.On the one hand,it requires the standardization of sentencing,on the other hand,it requires the publicity of sentencing.The Guidance on Sentencing promulgated by the Supreme Court puts forward that qualitative analysis should be the main method and quantitative analysis should be the supplement and to determine the starting point of sentencing,the benchmark penalty and declaration penalty in turn as a method and step of sentencing.It realizes the standardization of sentencing.The publicity of sentencing is not enough in judicial practice,which is reflected in the fact that although the criminal judgment is open to the public,its sentencing reasoning part presents only a final declaration penalty.At the same time,the determination of the starting point of sentencing and the benchmark penalty and the process of the benchmark penalty adjusted by the circumstances of sentencing are not clearly indicated in the judgment.Based on the current situation that sentencing steps are not public in criminal judgments,this paper innovatively proposes to realize the publicity of sentencing steps in the criminal judgment,that is,to make public the whole sentencing steps including the starting point of sentencing,the benchmark penalty and the pronouncement of penalty in the criminal judgment;it discusses the necessity and feasibility of making public sentencing steps in criminal judgments,and proves that making public sentencing steps is not only necessary but also feasible.It also expounds the concrete realization of the publicity of sentencing steps in criminal judgments,including the empirical demonstration of the analysis process of sentencing steps and the realization path of the publicity of sentencing steps.The analysis process of sentencing steps will be made into tables and written materials.And the tables and written materials are attached to the criminal judgment as an annex to make public,which is a more reasonable and feasible to realize the publicity of sentencing steps.