Research On The Criminal Sentencing Reform

Sentencing standardization is the important measure that related to the rights ofcitizens, the interests of corporations, the course of justice, and social stability. At thesame time, it’s also a common topic of countries in the world. Reducing sentencingdeviation became the goal of countries worldwide of reforming. There are many reasonsfor the formation of sentencing deviation，but the main reason is sentencing method. Wediscrete punishment by the estimate type of sentencing method, which made thesentencing deviation problems worse. People begin to question the course of justice.Theory horizon began to research standardized sentence early, Practitioners alsopractice by summing up experience and innovating sentencing methods. Theseexplorations play a significant role in promoting China to promote the standardizationof sentencing reform. On the basis of summing up the our own research experience, bydescribing the foreign mode of sentencing and sentencing reform in order to bringinspiration and reference to the sentencing reform in China. By analysis the sentencingmode and sentencing standardized of common law of the United states and the civil lawof Germany, combined with our own actual situation, analysis the direction that ourcountry reform sentencing mode. In order to achieve a higher level of fairness andjustice, meet the needs of the new criminal trial work. China has also introduced thesentencing standardized guidance document to promote standardization of sentencingreform. But sentencing reform is not easy, is sequential gradually. In the practice ofreform, because of the incomplete legislation and immature experience, there are manyproblems, such as difficulty of determining the benchmark sentence and grasping thesentencing fits. Facing the problems which are urgently to be solved, this paper presentsthe perfect sentencing reform measures.