Abstract: Sentencing and conviction have different judicial functions. In sentencing phase, it is an important part of reform of which sentencing and conviction are separated to search for the relevant burden of proof, standards and rules concerning proof. Under the background of judicial reform deepened, the basic requirement of proof which excludes reasonable suspect can be added to the new criminal law. In addition, the litigants' participation in the court's investigation and the debate scope should be widened. The system of sentencing suggestion should also be established. Therefore, in sentencing phase, we find it necessary as well as feasible to make the relatively independent standards and responsibility of proof.