On Sentencing Normalization

Sentencing, another name's penalty discretion, is a significant issue concerning natural persons, rights of units, judicial fairness and social stability. Nowadays, the phenomenon of sentencing disparities is serious, because of the distemperedness of legal rules for sentencing and exaggerated judges' disretionary power, which is getting social broad attention. Sentencing is supposed to impartial, reasonable and precise. The theory circle and practice circle have done some positive and beneficial explorations, than they raise some theories concerning methods of sentencing such as sentencing equilibrium, sentencing precisely, computer sentencing and so on .The penman thinks that sentencing precisely balanced is the consequence which should be gained through the sentencing methods. Not only the sentencing methods but also the whole sentencing activity should be conventionalized, which is named sentencing standardization. This thesis has tried to expound the connotation of sentencing standardization and drawing lessons from advanced foreign experiences, in order to analyze the problems and defects in sentencing standardization of China and explore the methods of realizing sentencing standardization.