Cognitive Sentencing Benchmarks

The sentencing standard has broad sense and narrow sense.The former refers to principles that the judge should obey in the sentencing.The latter mainly refers to penalty amount without considering various legal sentencing circumstances.lt is a penalty range rather than a specific penalty point.The article holds the narrow sense,deeming that the sentencing standards refers to penalty amount without considering various legal sentencing circumstances.The sentencing standards is an abstract concept.As for the establishment of sentencing standard,the article proposes two ideas:firstly,stylizing the penalty amount through the idea of mathematical logic; secondly,combining the normalization and operability in order to fit the needs of the judicial practice.The traditional methods are mainly five categories.The article makes corresponding evaluation,thinking that the advantages of each method is insufficient coexist.In addition, some scholars put forward a new theory:"Computing Program Theory".The essence of this theory is that the basic of sentencing refers to a penalty range including a start point and an end point.The changes of penalty range is calculated by a formula.The theory is a completed and theoretical system.As for the norms of sentencing standard,the article makes the "people’s court sentencing guidance"as the blueprint.The article makes corresponding evaluation,thinking that the "people’s court sentencing guidance"has advantages and disadvantages.The advantages mainly are:the method of sentencing combines quality and quantity;It learns the principles of "Computing Program Theory"in determining the basis of punishment; It uses a floating scale mode in determining the declared penalty; It uniforms the sentencing step.Finally, this paper analyzes two typical cases, analyzing how to determine the applicable sentencing.