Comment On Our Current Sentencing Standardization And Its Improve

Convicted and sentencing is the most core of the two questions in criminal justice system. But for a long time, because of "heavy condemned light sentencing" thinking, the influence of sentencing seems problems is no longer a "problem". But in fact not so, in China’s criminal trial practice, sentencing disparities happens frequently, investigate its fundamental, is our sentencing activity far not reach standardization requirements. Therefore, reformed the sentencing activities and maked it standardized is our inevitable choice to correct the sentencing disparities, realize crimes equilibrium and sentencing fair. So"what is the standardized sentence and how to realized it?" Became the two major issues which we must confronted and resolveed. Correct understanding of "what is sentencing standardized" is our logical premise of sentencing reform, understanding biased may caused the whole reform process of alienation. Comprehensive understanding "how tosentencing standardization " is we realize sentencing standardization of reform targets basic means, lack of this is sentencing standardization reform as "castles in the air" has no way to realize. This paper from the following four aspects of the above issues were discussed.The first part, a summary of sentencing standardization. Mainly for sentencing standardizati on value connotation and significance of the argument, aims to correct the errors in knowledge in sentencing reform process of standardization. The second part, mainly from the sentencing method, sentencing rights are analyzed in terms of our country sentencing standardization may influence of reform of some key factors. The third part, the investigation for foreign sentencing system and their inspiration to us.As foreign sentencing standardization reform started earlier, accumulated a lot of valuable experience worth our using for reference, therefore, the foreign sentencing system of our country considerations, carry out in-depth reform sentencing standardization are also helpful. The fourth part is the core chapter in this paper, mainly is aims at the first three components on China’s sentencing reform analyzing the present situation of standardization, puts forward some specific measures to realize the sentencing standardization, for the purpose of make our criminal judicial practice more beneficial.