Research On The Standardized Sentencing Reform

Fully standardized sentencing reform in the criminal cases would be starting trial in the courts of our country since Oct.1, which was decided by the Supreme Court in the September 16,2010. "Normative discretion into the sentencing court procedures" referred to as "standardized sentencing reform", whch is the central identified importance of judicial reform projects, an important part of People's Court Outline of the third five-year reform, and the focus of concern in the current reform of the criminal trial.However, both how to further promote the standardization of sentencing in the judicial system and litigation of our existing mechanisms within the framework of activities and how to build a sound, comprehensive sentencing procedures and select appropriate reasonable sentencing methods further to achieve open and fair sentencing under the guidanceof short-term and long-term goal of judicial reform are a long and arduous task of the department in the theory and practice.Standardized sentence provides clear, standardized basis for judges'sentencing by determined relatively substantive and procedural norms, and thus criminal jurisdiction of judges will be reasonably regulated, which is a rational choice to solve the sentencing error and correct the imbalance penalty, and it lines with the development concept of rule of law. Under the rule of law, we have been exploring standardized sentencing, but our sentence is not very high degree of standardization under the current legal system. In China, sentencing system and sentencing practices are in a crisis.It is the interpretation of this crisis and reflection, which accumulated a solid foundation to reform standardized sentencing of China. Standardized sentencing is a proposed necessity.At the same time, how to regulate the activities of sentencing, address sentencing bias and to promote proper and substantive justice are still widespread problems in the world.Department of national criminal legislation and practice have been concerning it since many years ago. Quantifiable benchmarks and mandatory sentencing has been established in United States, and legal reasoning style sentencing guidance has been applied in British, in which Reasonable discretion is left to judges and control the individual judge's subjective arbitrariness and worthy of our study. Sentencing is not just about substantive criminal law and need the support of substantive law norms, but also related to the criminal procedure law and procedural law norms need to be given protection.In the entity level, how to reasonably determine a crime sentencing and reference line should be concerned and how to further detaile and complete applicable rules of sentencing.In the program level, building independently prominent sentencing procedures, including in the sentencing phase of trial, improving the sentencing recommendations and strengthening the defense sentencing are considered. At the same time, we must uphold the scientific concept of sentencing and uniform sentencing guidelines, to be able to achieve the maximum in the field of sentencing sentencing standardization and to achieve fairness and efficiency of sentencing.