Research On Sentencing Defense In The Perspective Of Sentencing Standardization

At present, China's judicial reform methodically, criminal judicial reform on establishing a relatively independent sentencing procedure "got the attention of the legal science. Under this reform, sentencing procedures get relatively independent status, then also spawned a new defense form- sentencing defense. Sentencing the defense refers to the defendant or the defendant to entrust defenders for sentencing plot to defend. Under the background of the sentencing standardization, a new pattern in sentencing defense: lawyers defending pay more attention to the sentencing, sentencing defense position has been greatly improve; There is room for sentencing defense after pleading not guilty; For public prosecution organ of sentencing suggestion, sentencing defense more targeted, to improve the effectiveness of the sentencing defense. Hope that through the court of the empirical research, this paper through the study of the data analysis of sentencing defense reflects the problems existing in the practice of sentencing defense, analysis the reasons of the existence of the problem and find a way out.The first part has carried on the overall review to sentencing defense, illustrates the concept, nature and sentencing sentencing defense defense, the significance of argument theoretically sentencing defended the importance and the necessity of existence.The second part of sentencing defense applicable case for data analysis in practice. In the standardization of sentencing reform, the court sentencing the referee has some change. Sentencing suggestion, sentencing defense, sentencing judges constitute sentencing process a complete system. Sentencing judge way must cause the reform of sentencing suggestion and sentencing the change of the defense. In theory, under the background of sentencing standardization reform, can reflect the value of the sentencing defense should be more. To this end, the author in the court for sentencing trial data investigation, according to the survey data analysis and study of sentencing standardization sentencing defense from the perspective of the current situation.The third part analyze the survey data. Sentencing defense still exist many problems: participate in criminal defense lawyer proportion is too little, the defendant's own condition limited in sentencing defendant did not get effective guarantee; Sentencing defense lawyer investigation difficulty, proof phenomenon is rare, negative defense is given priority to, the lack of positive response; Lawyer defense idea and defense ability makes the sentencing defense effectiveness is not high; Compare with sentencing suggestion, defense lawyer's sentencing defense opinions rarely adopted by the court sentencing trial and sentencing suggestion difference is making sentencing defense efficiency is not high.The fourth part analyze the sentencing defense problems existed in the practice, from the system of sentencing process sentencing defense perfect Suggestions are put forward. Suggestions to consummate the relatively independent sentencing procedures, improve the multiple defense mechanism, improve the active defense in the defense of the applicable rate, improve the defense attorney's defense concept, improve the defense ability of defense lawyers, the establishment of a social investigation sentencing evaluation mechanism suggestion to improve the effectiveness of the sentencing defense.