Discussion On Standardization Of Sentencing

Criminal justice practice in China, a long time, convicted of criminal justice centers around the facts and evidence, the prosecution authorities generally on heavier, lighter punishment if the circumstances make general comments and suggestions, mainly by the sentencing judge of the court issues a unilateral OK. Due to historical reasons, the composition of judges there is uneven ethical standards and business skills to the situation, the same facts, different trials, and different regions, different eras and even the subject of crime, the resulting decision is different, some cases, the Ambassador of the sentence the parties and the difference between the public can not accept, their social impact has been far beyond the case itself. Not only increase the imbalance in sentencing offenders transformation of the cost of weakening the penalty function, but also caused a direct negation of criminal justice. As a famous philosopher said the West:an unfair trial, it may exceed ten times the consequences of crime.This article is divided into five chapters on sentencing standardization were discussed. The first chapter introduces the concept of sentencing, the role; second chapter analyzes the reasons for sentencing imbalance, the focus from the doctrine of felony sentencing, the neglect of the penalty in sentencing and similar individual cases of deviation between the three aspects of the sentencing analysis; first mainly discusses the three chapters of the status of judicial discretion, judicial discretion and the rationality of the existence and the sentencing discretion of judges normalized relations; fourth chapter shows that our judicial practice in criminal jurisprudence and criminal judicial interpretation on criminal case The role of standardized sentencing; fifth chapter of the above chapter, based on the status of legal punishment in China, the standardization of legal punishment and sentencing of the relationship between the standardization of the sort.Sentencing justice is the ultimate expression of the criminal justice, and only reflected in the sentencing of a fair and rational criminal justice is the real meaning of criminal justice, a certain sense, the sentencing justice is more important than just conviction. To improve this situation, the Supreme Court from 2005 to the sentencing reform of standardization. The end of 2008 the CPC Central Committee will be identified as judicial reform, sentencing reform and standardization projects.The main purpose of reform is to further standardize the penalties for criminal cases the judge discretion into sentencing by the court proceedings and enhance the openness and transparency in sentencing,a uniform law applicable standards,and better implementation of the criminal policy of combining punishment with leniency. In the long run, the successful implementation of standardized sentencing will be more conducive to criminal penalties according to accurate, more conducive to the procedural rights and ensure that citizens, more conducive to maintaining social harmony and stability, more conducive to improving the credibility of the administration of justice. The author is a grassroots criminal justice personnel, standardization of the sentencing reform process is also deeply appreciate the value of life and its far-reaching significance. I wrote this article, it is only engaged in criminal trials for many years that experience.