On The Judicial Countermeasures To Resolve Sentencing Imbalance

To resolve the Sentencing Imbalance is not only faced by the criminal justice in China prominent issue, but also a global problem. The Sentencing Imbalance caused due to various reasons, the principle of a legislative, judicial more reasons, such as the judge's judicial philosophy, legal knowledge and experience of individual differences, sentencing rules and sentencing benchmark missing, the adverse social impact on public opinion. Sentencing the harm brought about by the imbalance is obvious, it goes against basic principle of suiting Punishment to Crime and Criminal Responsibility and the Equal of the criminal Law to anyone, ignores the legitimate rights and interests so that the impartiality of the judiciary, the equality of damage. Therefore, how to standardize criminal judges discretion to sentence to achieve balance, achieving the rule of law and criminal justice in a prominent problem. From the start of the 1970s, the United States, Britain and other countries to address the problem have made a sentencing reform, and have made some successful experiences. Like the United States to achieve the reunification of the sentence, the establishment of the federal sentencing Commission to draw up a "United States sentencing guidelines" so that the sentence be based on uniform and standardized. Britain in achieving consistency in sentencing practice mainly developed sentencing guidelines, the sentence set up the Steering Committee, published guidance materials, judicial training and development sentencing information systems. The domestic theory profession and the judiciary to resolve substantive departments also conducted Sentencing Imbalance has made some useful attempts, such as ZHAO Ting-kwong, presided over the development of artificial intelligence software "sentencing auxiliary system," in Zibo City, Shandong Province Zichuan District Court development of the "computer punishment" software system, and courts in Jiangyan City, Jiangsu Province enacted "normative guidance on sentencing." Reference sentencing reform at home and abroad through the successful experience, the author put forward to resolve the imbalance in China's judicial sentencing measures: First sentence in the Supreme Court has set up the Committee, the unified guidance of the National Court sentence; Second, in line with China's actual development of the sentencing guidelines, norms and limit the discretion of the judge ; Third, it is scientifically determine the Penal Code the crime of sentencing benchmark.