Current Sentencing Justice Resistance But Of Ethical Predicaments And Its Way Research

Social justice is the ultimate meaning, is also pursuing judicial life place, and sentencing justice is judicial justice soul. Sentencing fair question whether in China or abroad caught everyone's eye. Rule of law in China of the rapid development of the construction of modern history, correct and appropriate and reasonable sentencing for the implementation of the law, especially the criminal law and legal thought the task, lawmakers reflect, ruling order maintenance, the realization of social justice has important significance.But, as the world does not exist, like two same leaves each case also has its hair produces uniqueness, plot particularity. The setting for laws, China has always adhered "rather coarse without overcharging" principle, this principle although help ensure most cases law enforcement, but caused our laws principles and excessive curtness of regulations, leaving sentencing range wider, sentencing is larger, from concrete elastic unable to guarantee the unity of sentencing range, sentencing justice resistance but problem exists. This gives social harmony and stability, and the realization of justice buried a greatly hidden trouble. Sentencing justice resistance but also became many scholars, experts, and discusses the public, the discussion topics, topic.Cause sentencing justice resistance but reason is various, both legal system, also have the reason of itself of the main reasons; sentencing Both the social environment of reason, also have case exists difference and particularity reasons. Whatever the reason, finally all can be attributed to the behavior of reason, after all, the law is to formulate and implement by, reflects the people's thoughts and behaviors; Social environment is composed by people, maintain and influence. All these activities always is inseparable from the people this subject. Therefore, the massive existence of sentencing unfairness, the final reason lies in person, namely the core and essence of the sentencing injustice is ethical reasons - affection, the principle, the law cannot get harmonious unity among the ethical conflicts caused cause. Should end it, who tied the bell on the ultimate way sentencing injustice of ethics must be dependenton the solution of the problem. Must first from the legal system, the design of ethics from the source guarantee fair - procedural justice; Secondly, promote the sentencing subject to its moral accomplishment and strengthen moral supervision, from essentially guarantee fair - entity justice; Finally, improve social environment, the influence of sentencing justice from external, internal also begin, thus make affection, the relationship between principle, the method of get the correct and effective treatment, so as to ensure the realization of sentencing justice.