Study On Sentencing Evidence

Conviction and sentencing are the main contents of criminal trial activities.At present,the domestic academic circles have conducted a thorough research on convictions,and the laws have provided more details.In the conviction stage,the convicted facts are used as the object of proof,the prosecution is used as the subject of the burden of proof,and the standard of true and sufficient evidence is used as the proof standard.Compared with the conviction stage,the sentencing certificate has received less attention,and there is no complete set of sentencing rules from the burden of proof to the method of proof.Whether the result of the sentencing is fair or not determines the deprivation of the defendant's life,freedom,and property.Therefore,the sentencing must be fair.In this regard,it is necessary to attach importance to the sentencing certificate and set rules that are compatible with the sentencing procedure.This article revolves around the issue of sentencing certification.In addition to the introduction and conclusion,there are five parts.The first part introduces the meaning and significance of sentencing certificate.Sentencing certification is a process in which both the accused and the defendant put forward evidence and start the certification around the actual situation.It includes the four components of sentencing certification object,sentencing certification responsibility,sentencing certification standard,and sentencing certification method.The establishment of sentencing certification rules will help to promote the fairness of sentencing and improve the efficiency of litigation.The second part is an introduction to the object of sentencing certification.First,the scope of the sentencing certification object is divided into facts that affect social harm and facts that affect personal danger.Secondly,it introduces the classification of three different criteria for the object of sentencing certification,namely,pure and non-pure amount of criminal facts,facts of serious and minor crimes,legal and discretionary facts.Comprehensively analyze the three types of quantitative criminal facts,and classify the sentencing certification objects into four cases: statutory crime,discretionary crime,statutory crime,and discretionary crime.The third part analyzes the issue of the burden of proof of sentencing.Based on the comparison of the sentencing certification responsibility of the two major legal system countries and the analysis of the domestic legislation on the responsibility of sentencing certification,according to the distribution principle of who advocates and who proves the evidence,the prosecution will be responsible for the punishment of the facts of the crime and the statutory crime.The burden of proof,the fact that the guilty of minor crimes is determined,and the defendant bears the burden of proof of sentencing.The fourth part is the analysis of sentencing certification standards.Based on a comparison of standard sentencing certification standards in two foreign countries and analysis of relevant domestic legislative regulations and different perspectives of scholars,a multi-level standard testing standard for sentencing certification in China is established,that is,a reasonable suspicion standard is adopted to exclude the fact of the crime.,The statutory crime-less facts adopt clear and convincing standards,and the discretionary crime-less facts adopt superior evidence standards.The fifth part writes the method of proof of sentencing.This section describes the meaning of strict proof and free proof.According to whether strict legal procedures and rules are used for certification,it is divided into strict certification and free certification.By studying the relationship between the fact that the crime is serious and the strict proof,and the fact that the crime is light,the proof must be strictly selected,and the fact that the crime is light is not necessarily proved freely.Among the facts of minor crimes,the statutory facts of minor crimes shall be strictly proved,and the facts of the minor crimes shall be freely proved.