The Research On Standardization Of Sentencing In China

The equity is the value-purchasing aim of sentencing. However the increasing events of the unbalance sentencing cases are given more and more focuses and discontents in judicial practices. And the balanced sentencing that could be fit for the command of the equity and justice, which could make the public understood the character of equity in judicial practices. Whether the equity or inequity of judicature would influences the faiths and attitudes holding by the people directly. So the balances sentencing should be the actual meaning of socialism judicial civilization that elbows the theoretical and practical meanings of the standardization of sentencing.And this paper totally divided into three parts:The part of"Outline"discusses the current situations, types, reasons and jeopardizes of unbalanced sentencing and the importance of standardization of sentencing. As the various types of unbalances such as the judges, the different areas, the periods and the crimes, one of the reasons would be the simple and crude rules and so expanded legal punishments. Secondly, the more focus upon the committee and less over the sentencing in the ideas of judicial practice. Three is the leveled qualification of judges. Four is the interferences of the civil damages and the public opinions and so on. Hence the unbalance would be the puzzle to realize the target of penalty and the authority and the credibility of judicature.The second part"legislation, practice and learn of the standardization of sentencing from foreign countries"discuss the unbalance of penalty measurement in other countries and some of them adopted the effective ways to standardize the sentencing actions. For instance, the U.S has tried the beneficial explores about the standardization such as the sentencing guide measures that has the great achievement. Though the U.S and China belong to the different legal families, there are also some common points in the two nations comparing with the sentencing mechanism, whose experiences could be acceptable for Chinese standardization of sentencing; and the other example is Germany belongs to the continental legal family that detailed rules in the criminal law and avoids the arbitrary sentencing extremely. With the American and German advanced models, they would promote the process of standardization. And the disadvantages and the foreign leanings would be also moderated in this part. The third part"the exploration of standardization and the reforms and methods of sentencing"discusses the many explorations in the judicial and legislated departments and the relative achievements. However all of these do not reach the idealistic effects. Only the synthesized measures would get the better effects. So the following aspects could be adopted to realize the standardization from the microscopic views:One is to perfect relative the criminal regulations. As the from of the legislated and judicial interpretations would be listed precisely in the criminal actions and the general arrangements to the legal penalty through the specifications in order to less the empties of laws and the discretion to check the unbalanced sentencing.Two is to perfect the guided rules gradually to guide the sentencing. Except for the interpretation of legislation and judicature, the guided rules should be followed in sentencing as the valid supplement to check and the balance the legislation and justice.Three is to application of the auxiliary guide of the cases. To select the classical hard cases uniformly as the practical demonstration based on the guided papers. At the same time, the particular case without the rules should be adopted with the guide opinions by the full authority argument as the references.Four is the engagement of victims. To focus on the victim's opinions should be cable the judges to dominate the information fully and consider the emotions overwhelmingly to show the equity of sentencing at the higher levels.Five is to award the suggestion power to the inspected authority. The suggestions by the inspected authorities would be the foundation and the reasoning to help the judges make the legal and also rational decisions. Additionally, the suggestions would be one kind of pre-supervision in order to exclude the outsider elements to interfere the sentencing.