Issues On Sentence Standardization

Sentence issue is generally faced with the world as a Judicial problem and it's considered as the "Gold Bach conjecture" in the area of criminal law. In China, it had been made into such a mistake that the judicial sentence is injustice, and the judge applied the law inaccurately. Therefore the standardizing of Sentencing is imperative, not only for the requirement of the self-improvement and development of criminal trial mechanism, but also for the building of the harmonious socialist society. This article is about the irregular sentence situation, by analyzing the reasons and find the foundations of the sentence, put forward some specific ideas about the sentence standardization.The irregular sentence such as in the same period judges made very different sentences in the same or similar cases; in different period judges made very different sentences in the same or similar cases. There are reasons about legislation, judicial and other. On legislation, legal amplitude were too large, the plot of the sentence is too general that lead to the judge have a big discretion right. To solve this problem, we can materialization the legal amplitude and the plot of the sentence. On justice, we can take scientific methods of sentence, standardization the procedure and the way, further strengthening construction of the judiciary etc to solve the problem. This article is intended to put forward some of my own ideas to provide information for the sentencing standardization practice, to make sentencing work towards achieve social fairness and justice and unify the state Legal, to improve the predictability of sentencing, to promote scientific development of the criminal trial, to encourage people to voluntarily agree and to follow laws, at last to consolidate harmony and stability of the social.