An Analysis Of China's Imbalance Penalty

Because the traditional shortcomings of sentencing, sentencing imbalance in the judicial practice in large numbers, aroused the masses understand and discontent, but also undermined the socialist legal system, violation of the law's authority. The sentencing imbalance is also not unique to our country, a phenomenon in all countries in the world the existence of different levels. In this paper, the judicial practice of China's imbalance in the sentencing analysis to explore, in the hope to find a balanced path of sentencing some help.Full-text is divided into five parts. Part I:An Analysis for a more thorough sentencing imbalance, first described the concept of sentencing, characteristics, and highlight some guiding significance for sentencing sentencing principles; an overview of sentencing imbalance. Part II:China's judicial practice in the sentencing imbalance is described, and divided into five categories. Part III:China's judicial practice in the above-mentioned imbalance of the sentencing analysis, to identify legislative, sentence structure, quality of judges, criminal policy, sentencing imbalances caused by economic and cultural reasons. Part IV:The more successful practices in foreign countries to explore, including Japan, the United States and Germany, as a reference for our country to overcome the imbalances in sentencing. Part V:According to the above analysis to explore and build our country to overcome the imbalance in sentencing policy.