The Research On Relatively Independent Sentencing Prcedures

Conviction and sentencing is the two basic aspects of the criminal trial activities. Conviction is a prerequisite for sentencing,Sentencing is the ultimate goal of the entire criminal trial activities. Both are equally important in the activities of the entire criminal proceedings.In recent years, the standard sentencing become one of the hotspots of the present criminal justice reform. At the moment, our country judicial system is established and the integration of the sentencing of the conviction program mode.The criminal trial process tend to focus on problems and neglect the convicted sentencing, Sentencing is often comes with conviction of solution,sometimes the same case court decision is different,damage to the judicial authority. Under the background of sentencing standardization reform.To effectively regulate the judges’discretion,the supreme people’s court from two aspects to explore the reform.The first step is that make effective sentencing guidelines;The second step is that research on the relative independence of the sentence procedure.For the reform of the sentencing program,there are mainly two kinds of academic mainstream reform advocates.One kind of view is that follow the common law countries of sentencing program mode,another idea is to maintain the current trial procedure mode, set up a relatively independent of sentencing program mode.At present,The supreme people’s court in sentencing program on the choice of the establishment is relatively independent of sentencing program reform mode, most of the provisions of the regulations or guidance about Sentencing program reform in the Opinions on Several Problems of Standardizing Sentencing Procedure is guidance provisions.In the judicial practice the court sentencing program all the operation regulation of is not uniform,Therefore, in my view.in order to realize the sentencing of the standard,the sentencing of the establishment of the relatively-independent program need to establish a uniform, detailed operation conditions. Therefore,My article will be adopted by the2012Code of Criminal Procedure as the background. Analysis of how to build China’s relatively independent of the sentencing process. The paper is divided into three parts, introduction, body and conclusion The text is divided into three chapters, the text of about thirty thousand words.The first department is mainly about some of the basic theory of sentencing program.The main analysis the difference of two sentencing program mode and there are some problems and the insufficiency.And then analyses the unique features of our country hybrid trial.Chapter two is the reason of why conviction program of reform.Analysis of the present situation of our country reform sentencing program and problems existing in Hybrid trial.And then further analysis on the reform of the sentencing of the relatively independent program is necessary.This part of the main innovation point is that further analysis some new problems in the sentencing program produces in the process of the reform.The third part is made by the author of China’s reform of the sentencing procedures in the2012Code of Criminal Procedure by thinking.First,at present our country reform sentencing program for why can only choose relatively independent model,I tried to do a analysis.Analyzes the reasons of Why can’t choose analyzed completely independent of sentencing program and the sentencing trial program in the relatively independent of the specific structure.Sentencing program reform not a trial of the reform program still need to perfect the system of the related judge in the specific structure, at last analysis the improvement of the supporting system.