Research On The Pattern Of Chinese Sentencing Guidelines

In recent years, sentencing issue of growing importance scholars and even the judiciary, the Supreme Court began to realize that to solve the unbalanced nature of sentencing and the inevitable differences between regions, and on the basis of empirical research to develop a People's Court Sentencing Guidance (Trial) (hereinafter referred to as Sentencing Guidance). Although the "sentencing guidance " not all of the charges of criminal law, sentencing and the sentence given the circumstances to conduct a comprehensive and detailed provisions, but their value can not be ignored.Supreme People's Court Sentencing Guidance (Trial) can be called the Chinese model of sentencing guidelines. Sentence range of criminal law is more broad and less relevant judicial interpretation of how the sentencing provisions, and a reasonable standard of sentencing. Sentencing Guidance is a discretionary penalty provisions of principle to guide the judge to sentence the factors that will affect the comprehensive consideration, thereby reducing the arbitrary nature of sentencing judges to ensure a balanced and fair sentencing. Sentencing Guidance can be said with the introduction of landmark significance, marking the judicial practice of theorists and research community on the sentencing issue entered a new stage. Although it has been grass-roots people's courts and some pre-Intermediate People's Court of empirical research, and ultimately established the text of this pilot has a certain rationality, but it still has shortcomings, which need further examination and practice to perfect. This article is by the Supreme Court's Sentencing Guidance (Trial) perspective, summarizes and analyzes the reasonable and shortcomings, and made from a macro point of view a perfect proposal.Article is divided into four parts: the first introduces the background of the introduction of sentencing guidelines, sentencing guidelines and practical value. Countries in the world are seeking ways to prevent the sentencing error, however, was undoubtedly the most effective U.S. Federal Sentencing Guidelines, the practice of drawing the United States to develop a sentencing guidance in order to regulate the discretion of the judge.The second part was the main contents of sentencing guidelines on sentencing and the Sentencing of the applicable methods are analyzed. Sentencing Guidance, the judge concluded the traditional "estimate pile-style " trial and sentencing of modern quantitative experience, initially established the quantitative analysis and qualitative analysis of the sentencing methods and steps embodied in the sentencing. Fifteen common crime on how to find a starting point of the basic facts of the crime and to determine the base penalty, and the fourteen statutory, discretionary sentencing circumstances of how the sentence is determined based on baseline amplitude of accommodation, and ultimately determine the sentence made a clear declaration of the provisions .The third part of the written sentencing standards and related concepts . Sentencing Guidance in the use of torture and the base starting point the concept of community in our country, the systematic study of these two concepts less, and for their pre-concept - Sentencing of more. However, scholars at home and abroad has always been to establish the benchmark sentencing dispute, I think, Sentencing Guidance rather than criminal sentencing standards by reference to a certain extent the concept of rationality, and discussed them in theory.This article written in the last part of the sentencing guidelines in the process of improvement should be noted that a few questions. As early as the mid 70s in the 20th century, a common law country, began sentencing reform movement, and advocating a balanced sentence, in theory, theory, and advocates a unified approach in the sentencing standards to limit the discretion of the judge. Strengthen the academic research model of extraterritorial punishment, sentencing guidelines for our model provides intellectual support, and thus improve the Sentencing Guidance . In addition, a large number of empirical studies and case guidance system is established on the sentencing guidelines improve the Chinese model plays a big role.Hope that through this analysis, we can guide our country mode of sentencing a deeper understanding, and can improve our system of sentencing guidelines.