On The Defect And Perfection Of Standard Sentencing

Criminal justice activities include the conviction and sentencing of two aspects. In the countries of Anglo-American law system, the conviction and sentence on the same important position, namely the conviction and sentencing procedure totally independent program. And the countries of continental law system, but the conviction and sentencing as a whole. This resulted in the trial process in the sentencing deviation problem, thus affecting judicial justice. But China is also the conviction and sentencing procedure procedure mixed together, therefore, whether in the theory circle and practice circle will fair sentencing issues to the waves. In order to realize sentencing fairness problem, must realize the standardization of the sentencing. As the " people’s court sentencing guidelines (Trial)" and " the people’s court sentencing guidelines (Trial)" and "on the norms of sentencing procedure questions (for Trial Implementation)" come on stage in succession, China’s sentencing standardization has achieved initial results, but in the implementation process, but also revealed its the existing problems. This paper will mainly on the sentencing procedure the block carries on the elaboration, pointed out the defect of the existing sentencing standardization, and made recommendations to improve. The article is divided into three parts: the first part, sentencing standardization overview, elaborated th e concept and significance of standardization of sentencing, sentencing standardized origin as well as in the foreign practice, and discusses the standard sentencing reform and practice; the second part, discusses our country sentencing standardized defects, including standardization of sentencing guidelines comments on defects and practised in deficiency of the two component; the third part, proposed consummates our country standardization of sentencing suggestion. The author attempts to substantive rules and procedural norms two aspects of thinking, to promote China’s sentencing standardization to provide theory and practice reference.