Research On Sentencing Defense In Criminal Procedure

Under the situation of high conviction rate and high admission rate,sentencing is becoming more and more concerned.China’s sentencing procedure was established in2010,after ten years of trial,the "two and three ministries" in November 2020 issued "Opinions on several Issues concerning standard sentencing procedures" notice（hereinafter referred to as "sentencing procedures opinions"）,continue to emphasize the relative independence of sentencing procedures.Since sentencing was brought into court proceedings,after years of practice,sentencing defense has achieved certain results and provided a guarantee for the defendant to exercise his litigation rights.However,there are still some problems in the actual operation of sentencing defense in China,such as the restriction of the defense idea,the lack of legal basis,the insufficient space of sentencing defense procedure and the limitation of the lawyer’s practice level,which all affect the actual effect of sentencing defense.Sentencing defense is an important content of judicial activities,the participation of professional defense lawyers,for the criminal behavior of the defendant and all aspects of performance,in the trial of light sentencing information and persuade the court to adopt the sentencing opinion of the defense,so as to strive for lenient sentencing results for the defendant.Compared with innocence defense,sentencing defense does not aim to overturn the criminal charges of the public prosecution,but on the premise of admitting the other party’s criminal charges,argue with the public prosecution on the severity of sentencing,and persuade the court to give a lighter sentence.As an independent form of defense,sentencing defense can effectively avoid unfair sentencing,protect the defendant’s legitimate rights and interests to the greatest extent,and realize the rationalization of punishment.Based on this,this article based on the reality of our country,draw lessons from the beneficial experience of countries outside,from fixed defense concept,establishing and perfecting the sentencing evidence rule system,relatively independent sentencing procedure and improve sentencing defense effect,to explore the development of sentencing defend,make sure that the court sentencing justice and reasonable,promote the legal effect and social effect unifies.