Research On Sentencing Evidence

In recent years,during the criminal trials,discussions on whether or not the sentencing process is to be independent have been carried out.Scholars have expressed their opinions and elaborated their views from different perspectives.However,academic discussion focuses more on whether or not sentencing procedures should be independent and how independent should be.This is limited to the scope of litigation procedures.However,the issue of evidence in sentencing procedures is rarely involved.Evidence is the king of litigation.There is no evidence to support the system.The independence and perfection of sentencing procedures is difficult to achieve.Therefore,the author believes that attention should be paid to the issue of evidence in sentencing procedures.This article takes the perspective of an independent sentencing procedure,first elaborates on the concept and classification of sentencing evidence in the process of independent sentencing.The concept of sentencing evidence is clearly defined to some extent.Secondly,the differences in how the evidence is used in the conviction process and the sentencing process are analyzed and discussed in depth.Not only the differences between the two are discussed in the form of expression and formation,but also the analysis of the two types of evidence in the evidence system.The differences in the aspects further elaborated the rules of evidence that the sentencing evidence should comply with in the application of the law.Again,from the perspective of comparative research,the author describes the current status of application of sentencing evidence in both legislative and practical perspectives.Finally,from the perspective of evidence law,the author puts forward the legal norms of sentencing evidence in the process of independent sentencing,and combines the external procedure coordination mechanism to explore the system construction of sentencing evidence,so as to realize the dynamic and static mechanism convergence of sentencing evidence,so as to expect independence.The development and improvement of sentencing evidence in the sentencing process contribute their own results.In recent years,during the criminal trials,discussions on whether or not the sentencing process is to be independent have been carried out.Scholars have expressed their opinions and elaborated their views from different perspectives.However,academic discussion focuses more on whether or not sentencing procedures should be independent and how independent should be.This is limited to the scope of litigation procedures.However,the issue of evidence in sentencing procedures is rarely involved.Evidence is the king of litigation.There is no evidence to support the system.The independence and perfection of sentencing procedures is difficult to achieve.Therefore,the author believes that attention should be paid to the issue of evidence in sentencing procedures.This article takes the perspective of an independent sentencing procedure,first elaborates on the concept and classification of sentencing evidence in the process of independent sentencing.The concept of sentencing evidence is clearly defined to some extent.Secondly,the differences in how the evidence is used in the conviction process and the sentencing process are analyzed and discussed in depth.Not only the differences between the two are discussed in the form of expression and formation,but also the analysis of the two types of evidence in the evidence system.The differences in the aspects further elaborated the rules of evidence that the sentencing evidence should comply with in the application of the law.Again,from the perspective of comparative research,the author describes the current status of application of sentencing evidence in both legislative and practical perspectives.Finally,from the perspective of evidence law,the author puts forward the legal norms of sentencing evidence in the process of independent sentencing,and combines the external procedure coordination mechanism to explore the system construction of sentencing evidence,so as to realize the dynamic and static mechanism convergence of sentencing evidence,so as to expect independence.The development and improvement of sentencing evidence in the sentencing process contribute their own results.