The Theory Of Sentencing Standardization

The sentencing imbalance is a common phenomenon in judicial practice, in orderto solve the problem of sentencing imbalance, in recent years our country started thesentencing standardization work. The article introduced the basic theory, analysis ofstandardized sentencing sentencing standardization of the cause-the sentencingimbalance, review of sentencing standardization process and the great significance, theempirical analysis in China and Jiangsu Province in sentencing standardization respectpublishs concerned regulation, a comprehensive study ofdeepening sentencingstandardization of comprehensive measures, to further strengthen the sentencing normsthe study, with a view to sentencing standardization theoretical exploration and practiceto provide some reference to the role of sentencing. The article is divided into5parts, asfollows:The first part of sentencing standardization of preliminary understanding, from thesentencing standardized definitions, sentencing standardization covers specific content,sentencing standardization needs to grasp the important principles of the3aspectselaborated the basic theory of normalization for penalty measurement.The second part analyzes the causes of standardized sentencing sentencingimbalance, combined with trial data in practice and discussed the case of unbalance ofsentencing discretion manifestations, i.e. different court sentencing imbalance between,between different judges sentencing imbalance, imprisonment and non imprisonmentpunishment imbalance between three kinds of forms, analyzes the legislation,supervision, policy, main body four aspects of the sentencing imbalance caused reason.The third part reviews since80’s of the last century China’s sentencingstandardization process, to clarify its promote scientific development, promote the workof criminal justice of sentencing balance trial quality and efficiency, ensure smoothsignificances.In the fourth part, established by the Supreme People’s court" people’s courtsentencing guidelines (Trial)"(hereinafter referred to as the" sentencing proposal"),the Supreme People’s court, the Supreme People’s Procuratorate, the Ministry of publicsecurity, the Ministry of justice, the Ministry of state security (hereinafter referred to asthe" two grade ") jointly developed the" norms about several problems of sentencingprocedure opinion (for Trial Implementation)"(hereinafter referred to as" opinion"(program) two files merged hereinafter referred to as the" two views") and the JiangsuProvincial Higher People’s court enacted" people’s court sentencing guidelines (TrialImplementation) Rules (Trial)"(hereinafter referred to as the" Jiangsu rules") a yearto try out for empirical analysis, combined with investigation and sentencing practicepointed out the basic court execute the file of the common problems, analyzes the "two views" and" Jiangsu rules" the inadequacy of existence, and put forward themodification opinion.The fifth part from the strengthening of criminal judicial interpretation work, playguiding role, case sentencing guidelines, sound strengthening supervision, improve thequality of judges and other8aspects put forward to deepen the sentencingstandardization work of the comprehensive measures.