Study On Sentencing Balance

Conviction and sentence are two basic elements of criminal judgement. To achieve the accuracy of conviction and reasonableness of sentence, is the basic requirement of modern rule of law to the criminal trial. The quality of criminal trials is measured not only by conviction correctness, but also by sentence property. As a direct way to achieve the purpose of criminal penalty, sentence activities directly show their fairness and justice to the society. It can be said that sentence fairness is expression of criminal justice. Both procedural justice and entity justice, should be finally demonstrated by conviction fairness. Sentence balance is an important way to realize sentence fairness. However, it often happens in judicial practice that similar cases are judged very differently in different courts or even in the same court. It also always happens that there exist big sentence difference among cases sentenced by judges in different areas, among different judges in the same court, and among cases of same sort of details sentenced by the same judge. This situation will result in the disportion of sentence, thus the sentences will become too light or too severe. Moreover, this situation has become a serious problem of universan significance in the field of criminal jurisdiction in China, as it not only hinders the realization of justice penalty and undermines the unity of the legal system, but also greatly destroy the value of penalty freedom and order, thus damaged the people's faith in the law. Therefore, it is of great practical lawful significance to overcome the sentence disproportion and deviation.The author tries to analyse the main reason of sentence disproportion and sets forth the ways of solvement, on the base of practical study on the theft crimial sentence, combined with relative theories of jurisprudence and criminal laws, for the expectation to do some modest contribution to the jurisdiction in China.