Issues On Regulations For Sentencing Standardization

On May1,2011, Criminal law Bill for amendment Eight starts to implement, in which had the new stipulation regarding the discretion of punishment part.Under this background, the discretion of punishment fair has aroused society’s widespread attention. In our country discretion of punishment process exists the question is long-standing, since long ago, receives traditional the discretion of punishment idea influence, our country discretion of punishment question has not obtained the properly solution throughout. Through not difficult to discover to Our country All levels of Court trial process and the decision result research that, the discretion of punishment unfair, the discretion of punishment unbalanced and so on the phenomena in the criminal trial are the widespread existences, this kind of phenomenon existence has caused certain damage regarding accused person’s right, simultaneously has also had the influence to victim’s right. Middle judicial practice, because the criminal law is not really clear about regarding the discretion of punishment stipulation, judge when trial regarding the legal understanding not same level reason, causes judge to decide after deliberation the power not to be able freely standard exertion, this all creates Our country Court in to exercise in the trial the discretion of punishment unfair present to emerge one after another incessantly, finally caused the trial result not to be able to achieve the legal anticipated effect. In order to guarantee discretion of punishment fair realization, it is necessary to adopt certain measure standard judge’s freedom to decide after deliberation the power, further realizes the discretion of punishment standardization.Our country discretion of punishment standardization reform urgently waits to carry on, the Supreme People’s Court explicitly had also pointed out must carry on the discretion of punishment standardization the reform. The author embarked from the discretion of punishment basic concept, analyzes the domestic discretion of punishment existence discretion of punishment not to be imbalanced, questions and the insufficiency and so on discretion of punishment activity not standard, have contrasted the domestic discretion of punishment method with English, the German discretion of punishment method similarities and differences, finally proposed decided after deliberation the power, the enhancement discretion of punishment defense, the establishment discretion of punishment hearing system, consummation discretion of punishment standardization certain suggestions freely through standard judge, thus standard discretion of punishment, guarantee discretion of punishment fair realization.