The Conflict Between Individualized Punishment And Sentencing Standardization And Its Solution

Individualized punishment is based on the offender’s subjective to the socialharm of crime, based on the objective aspects of the crime, the crime preventionpeople apply to special order to realize the principle of individual prevention penalty.It stressed that the penalty in the punishment of perpetrators of crime when the fullaccount of people’s dangerousness and social harm, case-specific penalties.Standardization is a sentencing "sentencing" standardization, that is, to abstract legalrules and the specific facts combine to increase the specific process of the theory inorder to achieve standardization, it is substantive and sentencing in respect to followthe premise of sentencing law, by settings and procedures for a complete system, sothat produce fair and effective sentencing sentencing purposes and in accordance withthe sentencing decision. Supreme People’s Court,"the people’s court sentencingguidance (Trial)" pointed out: the purpose of this advice is to regulate thedevelopment of judicial discretion to achieve a balanced sentence, to ensure thatcrime fit the correct implementation of the principle. Standardization ofindividualized punishment and sentencing of the conflict are bound to exist where thesmooth development of standardized sentencing.The paper is divided into four parts the text: the first two parts introduces thepenalty and sentencing of individual standardization of the basic theory, after twopenalties for the individual normalization of relations with the sentencing of theresearch provide a theoretical basis, the third part focused on the standardization ofpenalties individualized sentencing a concrete manifestation of the conflict, the fourthsection presents some suggestions and conflict resolution.In this paper, the theory of knowledge, analysis of the causes of the phenomenonof uneven sentencing and sentencing to carry out the feasibility and necessity ofstandardization, focused on the standardization of penalties and sentencing of anindividual of a concrete manifestation of the conflict, as reflected by the specificrelevant cases issues of conflict between the two proposed solutions, strive for the smooth conduct standardized sentencing benefit.