Research On The Criminal Sentencing Reform

At present, penalty punishment of criminal law in our country is basically relative, some of the legal punishment of crime are relatively large range of settings (especially in the legal punishment of more than 10 years, including life imprisonment and the death penalty). In trial practice, because different sentencing criteria and sentencing proceedings in court are not fully protected and expression, affecting the fair sentencing, it makes an outstanding problem that the different penalty with the same crime in different regions and different time. In order to prevent the liberalization of sentencing discretion, to achieve standardization of sentencing reflects the purpose of criminal legislation and punishment, and establishing a sound scientific standardized sentencing, sentencing standards and the feasible design to develop sentencing procedure is necessary. Scientific and standardized system of sentencing is not provided to the judge for the operational methods, but also to protect the public prosecutor, the accused, counsel and other participants fully participate in sentencing provided a guarantee to achieve the maximum sentence fair and balanced.The author studys the theory of penalty, starts from the penalty measurement of the suspect, compare and reference the penalty rules in the Anglo-American legal system, the Continental legal system and other legal system. And the author conducts research to the standardization sentencing at present situation in China, analyzes its basic flaw. Based on the successful experience of the exploration of other courts, the specific ideas is put forward to from the standardized sentencing both substantive and procedural sentencing system, and thus in order to establish and improve the standardization of Research on the criminal sentencing reform of China.