Research On Standardized Sentence In Our Country

Western countries launched a sentencing reform in early time, the United States and Germany is a typical representative of the common law countries and civil law countries. The United States reformed law sentencing along the characteristics of its common law, established a special sentencing guidance institution and the digital sentencing norms so that it constructed he sentencing system of norms values entities and procedures for both. Germany has made sentencing standardization reforms followed its statute law characteristics, and standardized measures of the sentencing provisions in criminal law and procedure. Among these, the sentencing in open procedures and sentencing in the program have especial reference. Standardized sentencing refers to action that the judiciary refines the penalty rate under the Criminal Law Provisions on the basis of the criminal law, thus limiting the discretion of the judge, making the judge in the sentencing process in a specific, clear operational standards process. There are many serious sentencing imbalances in the field of Chinese criminal justice. This has aroused the attention of the criminal justice community and the criminal law field. In2003, the judiciary launched a sentencing standardized exploration which has achieved certain results. They introduced the "standard sentencing guidance" and "sentencing procedures guidance" documents, and reached a consensus in the sentencing of the necessity for standardization.They initially formed sentencing norms system which values both entities and procedures.Standardization of sentencing reform in China should be based on the theory restatement, change misdemeanors’ penalty view into the moderate severity of the penalty concept, and determine the sentencing benchmarks and sentencing scale, standardize sentencing methods, regulatory discretion, thereby lay the theoretical basis for standardization of sentencing.The paper is divided into three parts:The first part, from the basic theory of sentencing standardization and expounds the concept and characteristics of the sentencing of the standardization value, grasp the theoretical level and standardization of sentencing,based on current situation of China, analyse the reason of the sentencing of the imbalance, on the basis of our country’s sentencing standardization of its recommendations, hoping that I can offer some ideas for current Sentencing Standardized of China. The second part, sentencing inconsistencies exists generally, however foreign practice experience and system increasingly mature, which will provides some reference precious experience for our country present reform sentencing standardization,Foreign exploration experience and the practice, also make us clear that sentencing standardization is not once and for all, it needs to understand the underlying cause of the realistic society sentencing imbalances, and fundamentally regulate the resentencing inconsistencies, and play the sentencing standardization a important role.The third part, combining with the second part and the first part, the realization of the sentencing standardization, proposed to perfect our specific ideas of Sentencing of The Standardization from the entity, procedure and the other three aspects.