The Entity Path Of Sentencing Standardization

Sentencing is an important part in the criminal jurisdiction exercise of the people's courts. However, there exists serious sentencing deviation phenomenon in our current judicial practice.The main causes of sentencing deviation include unspecific prescripts in criminal law, unscientific "sentencing in heap" method, internal and external impact on judicial personnel, and factors such as penal policies and geographical differences.The reform of the standardization of sentencing has the utmost importance in the reduction of sentencing deviation.At present, China's scholars of criminal law and judicial practice have conducted in-depth theoretical study and a wide range of judicial practice on sentencing-related issues, including the determination of the sentencing criterion, the establishment of the criminal case guided sentencing system, the application of digital sentencing method and the perfection of sentencing circumstances, etc.Judging from our judicial tradition and present situation, the sentencing reform should start with the entity path, and then follow with the improvement of the sentencing process, and ultimately the realization of sentencing standardization.To explore the entity path of sentencing standardization, the physical problems in our sentencing process must be made clear first.There are three major physical problems in the sentencing process, one is inadequate sentencing criterion, in specific, the disputable sentencing basis and imperfect criminal case guided sentencing system. The second is problem of sentencing method, including unscientific existing experience-based sentencing, the neglect of sentencing individuation. And the third problem is incomplete sentencing circumstance system, which results in difficulties in sentencing application.The construction of the entity path of sentencing standardization can not be separated from learning and referencing from the advanced system of other countries. For example, the useful exploitations and attempts on the sentencing basis, sentencing patterns and sentencing method of the United States, Britain, Germany and other Western developed countries have provided important inspiration and reference for China's sentencing standardization reform.The author of this thesis believes that the entity path of sentencing standardization includes the following aspects:Above all, the establishment and perfection of the sentencing criterion. The main body and steps of sentencing criterion should be established and prescribed. The following three aspects should be noted for the improvement of the sentencing criterion:First, clearly define the comprehensive assessment principle and duplicate evaluation prohibiting principle; the second is to refine the existing range of legal punishment of criminal law, and enhance the level of Penalty Rules; And the third is to develop sentencing guidance rules that suit to China's specific conditions.Next, the construction of a criminal case guided sentencing system. Compared with the other case-guided systems, the criminal case guided system has its particularities. The establishment of criminal case guided sentencing system is an important way to make up deficiencies in criminal statutes, and also suit the needs of the reality of our criminal trial practice. It is believed by the author that a overall criminal case guided sentencing system should be constructed from such aspects as the main body creation, case selection, case publication and revocation, case citation and the supervision system and so on.Last but not least, the improvement in the sentencing circumstances, which includes not only the elaboration of the circumstances for sentencing, but the improvement in judges'options and methods for sentencing circumstances while judging as well. Specifically, first, make clear the connotation and extension of "circumstance"; second, legalize the discretionary circumstances of sentencing; third, take into account the content, functions and effectiveness of sentencing circumstance; and the fourth, properly handle the relationship between public opinion and sentencing circumstance.Take the establishment of the sentencing criterion as the basis, the refinement of sentencing circumstances as the approach, the issuing of criminal cases to instruct sentencing as the supplement, and form a coordinated mechanism among these three.