Sentencing System

Sentencing is a very important link in the process of implementing criminal responsibility. It should be equally taken attentions as the process of conviction. However, In China, no matter in legislation and in judicial practice, the sentencing system is not taken serious to the status of it should be. In Chinese criminal law, the sentencing rule is rough, in the code of criminal procedure, sentencing process is mixed in the conviction process, and no attention is taken in improving the method of sentencing, and the consequence is that people always pay more attention to the conviction and less to the sentencing. The system of sentencing applying in China exist many disadvantages, sentencing inconsistency is a serious problem, which directly damaged the judicial authority and credibility. So there is still a long way to go to reform and improve the sentencing system.This thesis comparatively discusses the following aspects: the present sentencing system and judicial condition in China; the overseas advanced experiences and modes of the system of sentencing and the experiences that we can learn from the overseas sentencing system; the practical exploration of constructing the sentencing system in China- the merits of sentencing standardization reform and its significance to the measurement system construction in China, and then analyzes the fundamental problem and its deep reasons in the sentencing system in China. Based on these aspects, this thesis put forward a basic idea and some specific ideas of reconstructing the sentencing system of China, which is the combination of setting substantive standard, setting procedure rules and the standardization of the sentencing methods. Hope it could take some benefits to the construction and improvement of the sentencing system.