Study On Sentencing Balance Of The Case Of Underword Crime

Sentencing as a sentencing principle of equilibrium, which should be reasonable and legitimate sentencing judge in the criminal process to play an important role in guiding. But in reality, the penalty is more often to stay balanced at the theoretical level and in judicial practice does not receive very good results, should Ideal and Reality of a wide gap exists between, this situation is also found in " black "case processing. "Black" in the administration of justice, sentencing cases imbalances quite prominent, and this issue has become the field of criminal justice, an urgent problem. To achieve "black" balanced sentencing cases to ensure the impartiality of sentencing, the punishment will be conducive to fair and effective criminal elements and its transformation, while preventing "black" the occurrence of cases, more important to be able to maintain social stability . Although the case of judicial practice and theory are still far from the effects of the pursuit, but the pen still believe through reasonable legislative and judicial system construction, is in criminal justice sentencing to achieve the desired equilibrium state. This is to the current judicial practice in our country, "black" Unfair Sentencing cases this problem can find the effective implementation of "black" cases, the path to a balanced sentence.This paper is based on equilibrium theory of sentencing, while the combination of close judicial practice in China; to basic theoretical research-based, supplemented by empirical investigation; take the combination of speculative and empirical analysis approach to some of the typical "black" cases, sentencing cases as research material. Paper is divided into five parts. Introduction to some of the major triad-related cases by the judicial sentencing practice, the problems in a balanced study raises the focus of this article, and talked about a "black" case study of the significance of balancing the sentencing. The first chapter describes the system of sentencing, including sentencing balanced equilibrium concept of performance; Sentencing Concepts and related equilibrium and balance function and status of sentencing. The second chapter is the use of empirical research methods, part of Chongqing during the anti-typical "black" to conduct in-depth case study sentencing balance, emphasis on the case itself and the co-sentencing imbalance imbalance between the sentencing. Conclusions from the study obtained in the sentencing to find balance in these cases the problems. Chapter III presented result in a "black" cases, the root cause of imbalance in sentencing discretion of judges is inappropriate use and from the legislative and judicial aspects of the detailed analysis of the causes.Contradiction with theory of focus from the perspective of both internal and external reasons for the administration of justice. The Solutions Chapter IV, "black" cases, the imbalance between sentencing measures that address the imbalance is the key to sentencing judges discretion to regulate proposed system from the legislative and judicial system is built around this issue related to the fundamental and effective way to .