On The Justice Of Criminal Cases From The Perspective Of Sentencing Standardization

The reform of our country's sentencing standardization has been continued for more than ten years.Although this reform has abandoned the past "estimate" method of sentencing,through a number of measures to ensure the balance of sentencing and maintain the unity of the legal system.However,the rational examination is not difficult to find that there are still many problems in this reform: the mechanized and sentencing trend of thought not only with the "coat" of scientism,the top of the head of "judicial justice",but also the value appeal of "the same case with the same case" which is aimed at suppressing the discretion of the judge.Fundamentally,one of the adverse consequences of these problems is the neglect of the realization of the fairness of cases.However,there is a certain conflict between the case justice and the standardization of sentencing in the operational mechanism and value objectives,which shows the internal tension between the discretion of the judges and the unity of the legal system and the appropriateness of the case.However,the superficial conflict between case justice and sentencing standardization can not hide its inherent unity.Therefore,it is the purpose of this study to clarify this conflict in order to find one side of the two homogeneity and to find a positive way to realize the fairness of the case.The premise of the implementation of the specific case for a specific case is to reasonably define the criteria for judging the justice of the case,while the traditional criminal law theory and the previous study only focus on the internal standard of taking precautionary justice on the basis of the retribution justice,but neglecting the establishment of the external standards,which not only makes the critical criteria for a case just lack of determination.The wandering of nature and loss also makes it disjointed from the philosophical genealogy of justice theory and even the change of jurisprudence.Therefore,this paper puts forward a comparison based on justice as the external standard of case justice,and takes it as the logical main line to demonstrate the path of case justice in the perspective of sentencing standardization,which can be divided into two dimensions of ideas and measures.The former aims at correcting and correcting the ideas of "the same case and the judgment" prevailing in the previous judicial practice,and the latter is divided into two paths: the legislative and judicial technology: the appropriate extension of the scope of the official sentencing text,the flexible setting of the discretion and the discretionary quantity in the path of the legislative theory.The legalization of the penalty plot has positive significance to the realization of the case justice;in the judicial technical path,the rational determination of the benchmark penalty can provide external guarantee for the realization of the balance of crime and punishment for the realization of the case justice,and the discretion of the sentencing act as a mechanism of sentencing flexibility can make the judge consider the case of the case directly and fully,at the same time,Case guidance system,as a case interpretation mechanism corresponding to judicial interpretation,is also a complementary mechanism for the fair realization of cases.