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The Research On The Sentencing Standardization

Posted on:2013-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:G LiuFull Text:PDF
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Sentencing problem is the general problem in criminal law field of the world,China is also facing this problem in judicial practice. In recent years, China hasaccelerated the pace of building the rule of law, legal justice put forward higherrequirements. People’s attention has shifted from conviction fair to sentencing fair,the calls for sentencing reform is growing. Non-standard problems concentrated onthe different sentencing of the same legal case.Facing the similar criminal cases, thecourt make discretionary disparities. The results not only fail to reflect the fairness ofthe law, but also easily lead people to suspect law, to reduce the prestige of the degreeof the trial court. Deviations of measurement have many bad reasons, the main is thelack of good system which can effectively limit the discretion of the judge, thetraditional concept of "re-conviction, light sentencing deeper Sentencing standards.The conviction and sentencing are two segments of the criminal trial, has a significantimpact on the fairness of the trial and criminal litigants. Standardization of sentencingis a systematic project, only entity sentencing standardization and procedures forsentencing standardization can achieve a unified, coordinated, in order to make a fairand rational sentencing, to avoid sentencing imbalance. Sentencing in legal theoryand practice must develop at the same level.Facing the phenomenon of unfair conviction and sentencing, people in the theoryand practice field pay great attention. Academia has organized a Symposium onsentencing reform, which also invited the United States and other scholars toparticipate in discussions related to sentencing issues. The scholars in the field ofcriminal law have also published relating papers, a lot of research work on theoreticalissues relevant to sentencing standardized has done. What is gratifying is that theSupreme People’s Court will put sentencing content as a focus on judicial reform, andthe enactment of the relevant sentencing guidance in the National Court trial. Thenchoose which kind of sentencing way in the end, how to achieve standardization of sentencing, is a problem of sentencing reform. This paper will be based on thesentencing issues, looking for sentencing deviation phenomena and causes, and tocompare with foreign practice in the sentencing process, combined with the practicalproblems of sentencing, to explore sentencing standardization problem. This papertries to present sentencing system established by the standardization of practice, toanalyze the pros and cons. To find the best path to achieve standardization ofsentencing, in order to solve some of the problems of the current sentencingstandardization, better do justice, sentencing and avoid unnecessary sentencingimbalance phenomenon.This article first describes the theoretical aspects of the sentencing’s basicknowledge, concepts and characteristics, such as sentencing. The basic theorythrough the introduction of sentencing, the importance of looking for thestandardization of sentencing and the theoretical basis, want to tell people theimportance of sentencing. In a criminal trial, the conviction is a prerequisite, andsentencing is the goal, both of equal importance. To same extent, the defendant ismore concerned about the judgment of the court sentencing results.Secondly, the paper cites some phenomenon of the sentencing imbalance, andanalyzes to find the reason of the problem. Sentencing imbalance in China is serious,the performance has various shapes, such as the sentencing deviation between thedifferent regions, between different judges sentencing deviation. Judges of too muchdiscretion, too broad criminal legislation amplitude, the trial of the concept of theproblem, they are also the reasons.Thirdly, this paper cites the sentencing situation and the process of explorationof the common law and civil law countries, to compare with our present sentencingsystem. I hope to find a reasonable balance to learn the experience of the foreignsentencing reform, and promote Chinese sentencing standardization process. This partintroduces the system of sentencing in the United States and Germany, the UnitedStates Sentencing Guidelines in sentencing entity detailed breakdown of the basis forsentencing in the sentencing process, Germany has made strict regulations andprocedures, sentencing reform gives important revelation to China.Finally, the summary of Chinese problems in the sentencing exploration and relating issues were analyzed on the direction of which needs to be reformed. On thisbasis, I give my opinion on how to achieve a better sentencing standardized to makethe overall vision. The Supreme Court "guidance" of the pilot phase, to a certainextent,to solve parts of the sentencing deviation, but some of its provisions still cannot do science or the correct sentence. For example, how to determine the punishmentfits the crime, relatively independent of the sentencing process to safeguard theprosecution and the defense of the right of action, the cross-examination of thesentencing evidence.From the sentencing entity, and the sentencing process to discuss the problemsin the sentencing, I put forward my own humble opinion. I hope this paper can givesome advice and help to sentencing for this stage of the standardization work toresolve the individual sentencing issues. The ultimate purpose of this paper is thesentencing issues, summing up the issue of sentencing practice and sentencing to bemore impartial, scientific and reasonable, to improve the predictability of sentencing,to enhance people’s trust in the law and the establishment of a favorable legalenvironment.
Keywords/Search Tags:Sentencing, Standardized, Sentencing Imbalance, Substantive Justice, ProceduralFairness
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