Discussing Sentencing System Reform

China's Criminal Law provisions of article 5:the degree of punishment shall be commensurate with the crime committed and the criminal responsibility to be borne by the offender. This is not only the basic principles of Criminal Law, but the general standard of a fair decision as well. For a long time, it is emphasized by both the theoretical and judicial circles to achieve the punishment commensurate. The dispute of Xuting case and a fierce debate based on the standard of the punishment of corruption and bribe-taking, reflects the problem of Sentencing deviation. Inadequate sentencing between the cases always leads to dissatisfaction and conflict between the defendants and their relatives, as well as the victims, this can also give rise to doubt and shake to judicial fairness in public, and so on. The Supreme People's Court promulgated "the Sentencing on the Guidance" (on trail) and "the Sentencing of legal procedure on the Guidance" (on trail). Both of these lift the curtain on the reform of sentencing system, provide a new concept for the judicial practice and lay down a regulation by taking advantage of our nation's judicial resources. This article start with the overview of the sentencing system and the analysis of Sentencing deviation, recognize the adverse effects of Sentencing deviation to realizing the purpose of punishment, maintaining the justice image, and using judicial resources, sought to the reasons of Sentencing deviation. According to the article, the reform and perfection of sentencing system should in accordance with principles of retribution and recovery of punishment, exercising power properly and restricting power reasonably, Unifying the sentencing criterion and realizing special treatment, court in charge and communal participation, legitimacy and reasonability. The author thinks that to reform and improve our nation's sentencing involves several aspects as follows:firstly, in respect of measurement of sentencing, we should compromise the balance and difference of sentencing, formulate sentencing rule and establish sentencing investigation system. Secondly, in respect of sentencing means, we should combine the legal precedent and the experience of judges, establish a system which can guide and assist sentencing. Thirdly, in terms of the way of sentencing, the judge is in charge of the court and multiple participants coexist. Sentencing advice and sentencing debate procedure should be set up. By means of comprehensive management, we can guarantee the balance and unity of sentencing.