An Empirical Study Of The Sentencing Defence In China

The issue of the sentencing in China was proposed after the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,the Ministry of National Security,and the Ministry of Justice jointly issued the "Opinions on Several Issues Concerning Norms of Sentencing Procedures(Trial)" in 2010.Theappr approach used by the defenders in the sentencing process has gradually shown some problems in the course of the operation of"relatively independent sentencing procedures" in China,and it needs to be improved in many ways.This article has five parts including an introduction and four chapters.The introduction part puts forward questions,summarizes the course of development of sentencing in China and its development status in foreign countries,and focuses on the empirical research methods used in this article and its scientific nature and limitations.The first chapter is The Reflected of Usage of Sentencing Defence in the Judgment of the Court.The samples reflect that the conditions of defense lawyer put forward sentencing opinions and judges adopt sentencing opinions and reasoning of sentencing are getting better in recent years.However,it is not sufficient.The situation that the procuratorial organs put forward sentencing recommendation has not been well improved.The above improvements will directly affect the development of sentencing in China.The second chapter is Analysis of Questionnaire Investigation of The Usage of Sentencing Defence.Through expounding the purpose,content,and distribution of the questionnaire and analyzing the data obtained from the questionnaires.It has been found that sentencing defense has become a strategy actively used by defense lawyers.But the effective environment for the good use of sentencing defenses has not been fully formed yet.The factors that hinder the use of sentencing defenses are not only that judges fail to effectively convince defense lawyers in sentencing,but also that defense lawyers fail to fully understand the essence of sentencing.The third chapter is The Reasons that Influence the Development of the Sentencing Defence in China.The reasons that hinder the development of the sentencing in China come from many aspects.The criminal procedure model in China is flawed.The slow development of the sentencing recommendation system.The lack of defense lawyers’ practice status and defense level,as well as the judges’ adoption of sentencing opinions and the inadequate and unreasonable arguments for sentencing.These reasons come from an obstacle to the development of sentencing defense.The fourth chapter is Countermeasures and Suggestions for Promoting the Benign Operation of Sentencing Defense in China.To improve the use of sentencing in China,we need to improve the environment of using,to improve the relevant criminal procedure mechanisms,develop the sentencing suggestion system for public prosecution agencies,increase the degree of judge adoption of sentencing opinions and the level of sentencing standards,and improve the defense lawyers’ own professional ethics awareness and sentencing Defense-related skills and other aspects of common promotion.