Sentencing Standardization Theory

Measurement of punishment is a criminal sentence activity that judicial organs judge whether criminals shall be punished, and be in what kind of punishment, range of punishment, or the punishment shall be executed at once according to laws with reference to the adjudgement. Standardization of measurement of punishment is a global puzzle for judicial circles. In China, due to influence of traditional ideas, such as "think much of adjudgement rather than measurement of punishment" and "aggravation of penalty", judicial organs begin to pay much attention to the righteous measurement of punishment till the recent years. The result of demonstration research shows that non-standard measurement of punishment is an obvious problem. By comparison of the measurement of punishment of case, application of punishment, reason and experience of judges, it is founded that there are problems such as inainadaptation of crime and punishment, maladjustment application rate of kind of punishments, nonstandard determination of crime circumstances, as well as unscientifically empirical measurement of punishment in the legal practice in China. The deeper reasons include: irrational statutory sentence, lack of study of measurement of punishment and of resultful generalization and standard of legal practice, low theoretical level of judges, undeserved right of discretion, low diathesis of judge group and constraint of sentence system.The reform of standard measurement of punishment has to be operated in China. While the key problem is the road of reform. The practice and experiences of other countries, such as Guide of Measurement of Punishment of U. S. A., legislation exploration of Japan, system setting of other countries reveal that we shall (1) establish the guideline idea of measurement of punishment that shall be based on responsibility and aimed at precautions; (2) determine uniform standard of measurement of punishment and quantization; (3) take necessary measures to systematically constraint right of discretion. But we shall not copy foreign experiences and measures thanks to different sources of law and system background. Therefore, a new reform road that is adapt to the native situation shall be re-builtThis article will discuss and rebuild it in substantive law and procedural law:...