Sentencing System Research

Ever since the bourgeois revolution in criminal law, the criminal law was expected to be of equivalent and fit between punishment and crime. However, the sentencing has been a plagued problem for the civil law countries. The article is trying to find a legitimate and technological method to solve the problem on the basis of principal analyzing. First, the article gave a brief introduction on the systematic designation of the sentencing mechanism about the civil law system, common law system and Chinese legal system from the comparative aspect. The second part was carried out on the division of social hazards in the traditional criminal law theory. The social hazards are constituted by social and harm. In the research of the social character of the criminal behaviors, the due process theory of the US criminal law is taken as'a reference, and also as a classification standard for the division of the perpetrators and victims in the social relationships, combined with the common attitudes towards the victims of its discretion in penalty assessment. In the discussion of the dangers of the act, the article finds its way on the unity of subjective and objective, namely to discuss the subjective and objective hazards study of malignant object of investigation standards and inspection methods, and strive to explore the technical path to sentencing. The third part is about the actor's dangerousness. This article started from the two levels, the biological factors could be divided in personal danger of physical dangers and distortions within the context of normal psychological and social conflicts impact. Similarly, the paper carried out in the above two levels of grading, and designed a considerable of standards for the research.