The Research And Application Of Chinese Benchmark Punishment Under The Principle Of Balance Between Crime And Punishment

Benchmark theoretical study of the criminal problem, as the media for thefrequent reports of social hot cases out of the sentencing imbalance and continualexploration and promotion of reform of Sentencing standardization gets increasingattention.From the perspective of regulating sentencing activities, establishing aindividual benchmark punishment is a good way to find a rational starting point andreference for the criminal judge to sentence, and thus through reasonable proceduresto protect, to address the distress of the judicial practice of sentencing imbalances, toachieve the sentencing activities standardized and scientific, with a high theoreticaland practical value.Standardization of sentencing is a necessary step in the development of forensicscience, which is the significant task that the all field of justice need to face and is asystematic project in the course of realization of social management innovation.Theoretical research of Benchmark sentence and exploration of the rationalsentencing patterns, as well as the applicatuion of benchmark sentence has a profoundmeaning in making full use of the combined effect of different social factors, gettingrid of the outdated sentencing model with experience to achieve the balance ofcrime.This paper, from the perspective of balanced sentencing standardization,further clarifies the concept of the reference sentence and clear the reasonable positionof the reference sentence through combing relevant research results in theoreticalcircles.Through comparing the results and experiences of relevant theory and judicialpractice between the continental law and Anglo—American, this paper further clarifesthe necessity and importance of China’s benchmark punishment theory and judicialpractice in the use of philosophical abstraction and empirical analysis of binary modeclear in the principle of balance of crime under the guidance of the joint action of theentity and due process, reasonable constraints for the discretion of the judge and strivefor a balance of crime and target value.Sentencing reform in China’s court system has been carried out,Combining the relevant requirements, reasonable absorption of the theoreticalresults and practical experience, this paper conceives concept and design the empiricalanalysis model initially and the risk assessment mechanism of criminal defendan.Through building and improving the rational sentencing patterns based on thebenchmark sentence, this paperexplores how to carry out the standardiation,transparcy and scientization of sentencing activities.