A Study On The Perfection Of Sentencing In China

Sentencing issue belongs to our country criminal law basic theory, although theresearch at home and abroad, and achieved certain results, and some perspectives arealso formed certain consensus. However, with the continuous development of society,progress, so some of the existing legislation and theory are not enough to solvepractical judicial practice there are some problems related with the circumstances ofsentencing. Therefore, the author chooses the problem undertakes study, aimed at theproblems in legislation, theory and judicial practice problems are analyzed anddiscussed, and in theory and legislation aimed at the problems to put forward someimprovement ideas or countermeasure, in order to solve respectively in legislation,theory and in the judicial practice has the dispute and defects, thus to improve oursentencing defects and enrich the theory do mianbaozhili.In this paper, combined with the domestic and foreign existing research in-depthmining circumstances of sentencing in legislation, theory and problems existing in thepractice of justice, and the causes of the problems are analyzed, and in view of thequestion, proposed some improvement ideas. Besides introduction and conclusion,consists of the following three parts.The first part is to define the concept of circumstances of sentencing. The part ofcriminal sentencing is defined as the breakthrough point, expounds the concept ofcircumstances of sentencing, academic perspective, then according to differentsituation sums up his views, and then talk about sentencing and other plot therelationship and sentencing basis.The second part focuses on the problems and the reasons of problem analysis.This portion is for above, introduces the legal circumstances problems, existingproblems as well as the discretionary circumstances of sentencing circumstances ofsentencing in the judgment of lack of reasoning problems, i.e., in circumstances ofsentencing" plot " is a word of the intension and extension of expression is not clear,easy to produce differences; certain circumstances too many features, rules toogeneral; multi-function circumstance that, applied sequentially no procedural safeguards; discretionary circumstances of sentencing, the large amount of ambiguityis larger; the discretionary circumstances of sentencing provisions are too general andother issues, and the causes of the problems and defects caused problems in-depthanalysis, inquiry.The third part of the main emphasis on problem solving. This part of the basis in2010October the Supreme People’s Court issued the" people’s court sentencingguidelines (Trial)"," two grade " formulated by the Ministry of standard sentencingprocedure the issues (for Trial Implementation)", the people’s Procuratorate"sentencing recommendations (Trial)" and the" PRC Criminal Law amendment(eight)" in article about sentencing regulations in this aspect, and the existingresearch results, and combining the extraterritorial sentencing provisions afterexamination, summarized the common law countries (mainly the United Kingdomand the United States) and the continental law system countries (such as Japan andGermany) and our country in this aspect similarities and differences, summarize theadvantages and disadvantages of them, drawing them on the" criminal law" tosentencing plot successful experience and practice in China, respectively, the secondpart of the sentencing existence question, proposed the corresponding countermeasure,in order to realize the fair sentencing, to promote China’s criminal justice ceaselesslyperfect.