Sentencing Standardized Path Analysis

Sentencing reform is the inevitable requirement to achieve the justice of sentencing, maintain social fairness and justice; Sentencing reform is an important guarantee to regulate the discretion of the judge, to uniform sentencing scale, and it is the major step to establish the credibility of justice and judicial authority.In China, Carry out the standardized sentencing reform is imperative. Although the nationwide sentencing reform in the criminal cases court trial standardized sentencing activities further, we should recognize that still exist sentencing imbalance, lacks of credibility in sentencing conclusion and so on.We should choose suitable path to discuss the reform of sentencing standardization. The substantive and procedural paths which are the appropriate way to cut this problem. In the entity path, we consider making a unified sentencing guidance to regulate the discretion of the judge. In the current judicial system, we established within case guidance system with an inner sentencing standardization reform correspondence. Although the approach from the entity to achieve the purpose of standardization sentencing is immediate in a short time, but the entity path in logic has its limitations, subjects to greater restrictions, it is difficult to unfold freely. Role in the protection of procedural justice has become increasingly prominent in the moment, more substantive justice sentencing procedures need to protect justice, procedural approaches perfection as the main path of standardized sentencing.The supreme people's court on the "normative views on Problems of Sentencing (trial)" does not concretely describe how to in the courtroom investigation and trial stage establish a relatively independent sentencing program. We can in existing trial basis, through improving the pretrial, trial in, post-sentence three stages of program that makes the sentencing program to play a greater role in solving unbalance problem in sentencing.