On The Development Of China's "Sentencing Guidelines" Theoretical And Practical Issues

The procession of the rule of law in our country forward in depth the process of justice has become the pursuit of judicial reform an important value target, and the just and balanced sentence embodies the ultimate fairness of criminal justice. Because of the existing criminal law provisions Legal Sentence relatively broad range penalty and the applicable principles relatively abstract, as the sentence has not been convicted attached great importance to many reasons causing judicial practice in some cases, the sentence is not unified, imbalance phenomenon, specifically expressed in the penalty applied in different courts and the same the imbalance between the different judges. Sentencing stolen light weight loss, contrary to the spirit of the balance of crime, undermines the integrity and authority of the judiciary. A lot of the public have raised the question: Does the Penal Code with certainty, predictability? Criminal trials is a rational activit? It is the kind of judicial injustice universal phenomenon?Thus, the issue has gradually become a standardized sentencing criminal law theory and research departments judicial practice a hot issue. Crime is generally believed that the theoretical circle of balance is one of the basic principles of criminal law, strictly adhered to this principle on the discretion of the judges should regulate and control, a refinement of the method for measurement of crime, and the sentencing guidelines from the United States, in the trial of the establishment of a set of scientific methods to quantify the sentence. In judicial practice, according to the provincial High Court also issued his own trial experience several "sentencing guidelines." Their common ground is: to balance crime guided by the principles of the United States, modeled on the sentencing guidelines, the sentence for a quantitative method to balance the punishment given similar cases as the goal.But the reason of a sentencing error there is a profound reason for the legislative, judicial and social causes of reasons, including incomplete criminal legislation, legal provisions Rough simple, Statutory Sentence is too large extent caused the imbalance inherent reasons for the sentence. The author believes that the sentencing cases imbalance does not mean that sentencing imbalances. "The world's no two are exactly the same leaves," there will not be identical to the natural specific cases, naturally there is no absolute sense of the term "co-contractor with." Therefore, the balance of crime is relative, not absolute. The so-called sentencing balanced principles of China's Criminal Law only crime a suit principle, the sentence must be balanced sentencing principles and the principle of individual penalty combine. The quantitative method is not appropriate sentencing of the criminal trial, "sentencing guidelines," there is no legal basis for the formulation, and also in practice difficult to achieve the desired results. Sentencing resolve imbalance is the fundamental way: perfect legislative changes to strengthen guidance cases, the use of statistical methods for sentencing by the Supreme Court as well as the benchmark to give full play to the role of the procedural law.