Study On Sentencing Balance

Sentencing is a process of legal and personal decision on which to base penalty equilibrium. Unbalance in sentencing is becoming a universal problem in our judicatory practice for different judges, time and defendants only to undermine the value of freedom and order of penalty, hinder justice and impartiality and destroy integration of legal system. There are many causes for unbalancing penalty, such as wide range of statutory penalty, which leave more room for unbalancing penalty. The lack of norm and the more flexibility in the practice of discretion are the reasons to unbalancing penalty. Economic, criminal policy and trial system factors also take a role in sentence balance. There are a lot of ways to realize balance. First, to perfect criminal legislation to offer basic guarantee. Second is to insist on proper principles. The match of punishment and responsibility is the basic guarantee. At the same time, we must strictly officiate the principle of basing on facts, criminal laws as yardstick which is the premise of sentence balance.Third is to perfect the regulating system of criminal judicatures. On one hand, improving the quality of judges and ruling discretionary action by strengthen professional education and promote right value of punishment to combine the law factor and the personal factor. On the other hand, establishing the system of legal precedent to offer reference to judges.