The Research On Sentencing Inconsistency

Sentencing is an important part of punishment theory and also a crucial section of criminal justice activities. Sentencing is directly related to the most basic rights such as the personal freedom, property and life of a criminal and so on, and it is the fundamental concern of the accused after has being identified as a criminal. Sentencing proportion and sentencing consistency are the embodiment of criminal justice in sentencing, and sentencing justice is the goal which people pursue persistently. However, sentencing issue is actually a global problem. Sentencing disparities and sentencing inconsistency are the common judicial phenomena in the world and are the stubborn chronic disease which can not be eradicated. The excessive discretionary power of judge is regarded as the main cause of resulting in sentencing inconsistency and is denounced severely by the public at the same time. Currently,each country all over the world is doing its utmost to find good methods from sentencing legislation and sentencing practice in order to reduce and eliminate sentencing disparities and sentencing inconsistency, and at the same time, to realize sentencing fairness and justice.This article starts from the sentencing inconsistency phenomena in our country, and analyzes the social harm of sentencing inconsistency and the causes of it. Next, the article makes comparative study on the sentencing guidelines patterns in Great Britain and America. Then, the paper introduces China's current theory research and practical exploration status on sentencing reform. Finally, the author tries to propose the measures to avoid and control sentencing inconsistency.In addition to the introduction and conclusion, the article includes the following five parts:Part I: The overview of sentencing. This section first discusses the definition and characteristics of sentencing; secondly, expounds the location and contents of the sentencing principles.Part II: The basic problems of sentencing inconsistency. This section elaborates the following questions: firstly, introducing the meaning of sentencing inconsistency and setting the boundaries of it; secondly, pointing out the manifestation patterns of sentencing inconsistency in China's judicial sentencing practice; furthermore, expounding the social harm which is caused by sentencing inconsistency; finally, analyzing in depth the causes of sentencing inconsistency.Part III: The sentencing guidelines patterns in the countries of Anglo-American law system, and the enlightenment which they bring about. This section first introduces the patterns of American quantitative sentencing guidelines; secondly, it introduces the patterns of British narrative sentencing guidelines; last but not least, it points out the enlightenment of British and American sentencing guidelines patterns to sentencing reform in China.Part IV: The theory research and practical exploration on sentencing reform in China. The part first introduces the current research situation on sentencing method in China; secondly, it presents the reform discovery on sentencing procedure; finally, it indicates the future trend of China's sentencing reform and the outstanding unresolved issues.Part V: The measures to avoid and control sentencing inconsistency. In this section, the author attempts to put forward the ways to resolve sentencing inconsistency as follows: first, renewing the ideas and firmly establishing the correct sentencing philosophy; secondly, building up a sentencing guidance system with Chinese characteristics; finally, adding the sentencing procedure in the court proceedings, and establishing the differential treatment to diverse sentencing procedure.