The Reasonable Construction Of The System Of Sentencing Balance

Sentencing deviation is a worldwide problem. Sentencing deviation has also become a prevailing and popular phenomenon in our country. In order to prevent from sentencing deviation and realize sentencing balance, the writer has proposed a basic plan of constructing a sentencing balance system after the inspection to the system of sentencing or measurement of penalty in the United States, Britain and other countries and the analyses of the causes of sentencing deviation in our country.First of all, the writer has, in the macroscopic level, carried out a research to the concept of sentencing balance system, the value target of sentencing balance and the realistic significance of the construction of sentencing balance system and proposed a basic structure of sentencing balance system which is in keeping with the Chinese characteristics.Secondly, the writer, after the inspection of sentencing balance system of foreign countries, has proposed that the selection of the target of constructing the sentencing balance system in our country currently should be a tier type longitudinal balance system, in which the Supreme People's Court , the Higher People's courts and the Intermediate People's Courts should set up the sentencing guidance committees and be in charge of establishing sentencing guidelines and guide and supervise the sentencing activity of the People's Courts in their lower level.Finally, the writer has, through querying the concept of"standard of sentencing"which has been believed by the traditional theory, defined the concept of basic penalty and proposed the rules of sentencing balance under the circumstances of single crime, joint crime and concurrent punishment for several crimes. And the writer has, through the inspection of the criminal litigation procedures of the United States and the Britain etc. in comparison with the establishment of the current criminal litigation procedure of our country, proposed that sentencing balance should set up a relevant procedure and supervising system.The most outstanding characteristics of this article are:1.the method in comparison is used in this article to research structural problem of sentencing balance system, mainly the inspection to the United States, Britain and the countries of the continental legal system, trying to explore the sentencing balance system which is in keeping with the Chinese characteristics;2.the position of value target of sentencing balance is clearly defined in this article and the target of fair and reasonable sentencing balance is proposed, in which to persist the priority of fairness and consider, at the same time, the reasonable logical relation is the basic way of thinking to realize the target of sentencing balance;3.the sentencing balance system designed in this article includes the contents of structure , rule, procedure and supervision etc., covers almost the main contents of operational system of the sentencing balance and comparatively complies with the actual situation of the current legal system of our country;4.the tier type sentencing balance system designed in this article is only a transitional and step by step progressive operational system which complies with the current legal system of our country. Along with the regular guidance of the three tiers of sentencing committees, effective operation of the sentencing balance system and the common efforts of the People's Courts in various levels, finally the national sentencing balance system should be established.