Study On The Basic Critertion For Sentencess

During a long time, we have attached more importance to convicion than sentence. The power of discretion of judges seem beyond the power in the traditional comprehensive estimate methods. Opaque trials often result in legalization but unreasonableness. Such as, the same crimes have different punishment. As a reslut, the public and litigants suspect on the justices because of the abnormal phenomena. Therefore, it is an urgent task to the courts all over the world to regulate sentence and reduce sentence imbalance. However, how to establish the basic of criterion for sentence is the precondition and foundation to realize standardzation of sentence.First of all, the author defines the concept of the basic critertion for sentences. Then this paper shows the basic criterion for sentence from the angles of the application and the principle. According to these, the basic of criterion for sentence should be existed in the form. After that, the writer will indicate the theory which based on the basic critertion for sentence, including the basis of existence and impact factors. Three basic requirements also will be shown. Such as, humanitarian requirements, crime commensurate with punishments requirements, orders and ranges requirements. Secondly, the author compare the foreign results which based on the basic of criterion for sentence in theory and in practice, and described what could be learned. At last, I will introduce the sentence methods and methods of studying on the basic of criterion for sentence, which based on theories and practices on the current in China. The standards and approaches that determe the basic of criterion for sentence in China are proposed in the end of this article.