Study On Sentencing Procedure Construction

The entity of criminal trial contains the dual elements of conviction and sentencing.Accurate conviction and just sentencing are the eternal goals of modern criminal justice.Process of conviction and sentencing process although close ties and continuity,but the two in their respective program phase respectively has a dedicated to its mission,goals and mission,the guiding principles applicable to the two kinds of program,evidence,proof standards and rules are there are differences,the establishment of sentencing process has its own unique value.The integrated model of conviction and sentencing implemented in China for a long time does not distinguish these two procedures,resulting in the phenomenon of unfair sentencing,sentencing deviation,sentencing imbalance in judicial practice,judicial authority and credibility have been seriously damaged.In the background of the integrated mode of conviction and sentencing,through a large number of pilot work and on the basis of summing up the pilot experience,the relatively independent sentencing procedure mode is generally implemented throughout the country.Relatively independent sentencing process model is based on the trial mode and litigation structure design in our country,is in accordance with the law of criminal judicial reform in our country,the first sense to achieve the sentencing as a stand-alone program into to trial,and conviction procedure,has some progress,but also to a certain extent,reduce the sentencing unfair phenomenon.But because of its relatively independent sentencing process model are not fully realize independent of sentencing procedures,there are many ills,and as a result of the interactive process of conviction and sentencing process,cause the sentencing process space will be squeezed,sentencing procedures exist in name only,defenders also due to the interactive mode of trial was forced to crisscross the pleaded not guilty and sentencing,the court proceedings in chaos;Due to the lack of reasonable case diversion procedure,relatively independent sentencing procedure is applied to felony cases such as life imprisonment and death penalty or cases of not admitting guilt,which easily leads to the virtual sentencing trial.The main body of this paper is divided into four parts.The first part is the unique value of sentencing procedure independent of conviction procedure.This paper analyzes the independent value of the sentencing procedure from four aspects:the sentencing procedure is the internal requirement of the realization of sentencing proof,the sentencing procedure is the important guarantee of the realization of sentencing restriction,the sentencing procedure is conducive to promoting the openness and justice of sentencing and the sentencing procedure is conducive to promoting the substance of sentencing defense.The second part is the practical exploration and practical evaluation of the reform of sentencing procedure in China.In this paper,the most places in China are relatively independent sentencing process model and in a few places to pilot independent sentencing process model for exploration,in turn,introduces the two sentencing process model of real operation method and the main features,and is a relatively independent sentencing procedure mode in our country,the author analyses the actual effect The reasonableness of the existence of the procedure,the results obtained,the problems and the reasons for a detailed and in-depth analysis,for the following in Our country for life,death penalty and other felony cases of guilty plea to build an independent sentencing procedure.Then the effectiveness of the independent sentencing procedure mode is evaluated and analyzed,and the effectiveness,value and advantage of the independent sentencing procedure mode are expounded.The third part is a comparative study of the procedure model of sentencing outside China.This article mainly uses the comparative analysis method in this part,respectively to the United States as the representative of the common law system of the independent sentencing procedure model and Germany as the representative of the continental law system of the conviction and sentencing integration model,the procedure operation is introduced,and respectively to the characteristics of their procedures.Through the comparative analysis of the sentencing procedure mode adopted by the two major legal system countries,this paper sorted out the enlightenment and worthy of reference for China in the process of sentencing procedure reform.The fourth part is the suggestion of constructing independent sentencing procedure in our country.In view of the shortcomings of the application of sentencing procedure in China,such as the lack of reasonable application of sentencing procedure mode according to the type of cases,the lack of unified guiding principles in the independent sentencing procedure,sentencing evidence,proof and evidence rules have not been established,some views and suggestions are put forward.