Jurisprudential Analysis On The Standardization Of Sentencing

The immediate cause of regulating sentence is the vague of the standard in rule, which leads to the disoriented of the judge, causes the confusion of the sentencing. Sentencing standardization is combined by the abstract rules of law and the facts of cases in the Criminal judicial process, use the well-formed program, thus make the sentencing produce justice, effective and comply with the purpose of Criminal punishment.Compare with the present criminal law basic ideas, such as basic sentencing method, mathematical sentencing method and the computer sentencing method, Sentencing standardization has its deep theoretical foundation, Comply with the basic idea of criminal law at present in China. Due to the judge, the defendant, legislative administrative organs, social public opinion and social environment, and criminal culture reason, at present, our criminal justice process is in trouble, Such as heavy punishment is popular, the same situation does not has the same process-serious imbalance exist in sentencing, bias in the penalty value and public opinion make judgment becomes more and more difficult, officer trouble, these problems make the regulate sentencing is imperative.This article is intended to analysis the sentencing standardization from a Jurisprudence perspective, find the intrinsic value of the sentencing standardization in a wide range, analysis the value of order, fair and free, to provide reasonable and feasible foundation for the sentencing standardization. In addition, we also make judgment from a negative view of the sentencing standardization, give a description of the issues that may arise. If we do not deal with the sentencing standardization well, that may lead to mechanistic error, and the judge will become an input and output legal tool, This requests an understanding of its advantages and disadvantages, use a procedural system to make up their deficiencies.Under the condition of market economy, through the economic analysis of the sentencing standardization, we believe that sentencing standardization can control crimes in the law effectively, giving full opportunity to the prosecution organ and the lawyers in the trial process, and it is a improvement of our traditional court because the trial tripartite can publish their own sentencing recommendations and explain the reasons according to the case facts and the rule of law. The court decision will be more discreet, will give a full consideration of the public prosecutor and the defender's opinion, and will handle cases timely, thereby to realize the fair and justice, to achieve a virtuous cycle in the criminal judicial field. Sentencing standardization has a far-reaching significance for China's criminal judicial process, we predict that the sentencing standardization must be able to play a role in corruption prevention, enhancement of fairness and justice.At present, many Chinese pilot courts has began to use the "sentencing standard instruction opinion "and" the guiding opinions on regulating sentencing", and also has acquired some achievements, this can be proved from the conclusion of the paper, which can be see in the langfang city of the Hebei province and the xiamen city of fujian province, explain that the sentencing standardization has practical function. Although sentencing standardization has a positive function of China's criminal judicial produce in the implementation, improving the situation of the public prosecutor and the trial lawyers and judge the suspects in a more transparent manner on trial and conviction, the implementation of the system still need to discuss, such as the degree of discretion of the judge, the comprehensive feasibility studies of the system, the credibility of the law, etc. This paper, aiming at these problems, plans to give some reasonable suggestion from multiple Angles, from the authority of law, the cultivation of sentencing procedure, the discretion of the judge, then to the combine of the formal ration and the essence ration, these suggestions are all try to give a humanity care for the criminal suspects, hoping to help on the implementation of sentencing standardization system, and the promotion on our construction of legal system.