Study On Sentencing Criterion

Chinese criminal law does not have a specific provision for sentencing method, so different judges will have sentencing difference for the same or similar cases owing to their difference in knowledge, attainment and experience, which will finally cause the problem of sentencing disequilibrium. Absolute equilibrium of sentencing is impossible, but sentencing should be balanced and reasonable as far as possible. Balanced and reasonable sentencing is not only the requirement of justice, but also the demand of equality before the law and principle of appropriate sentence.In recent years, criminal law theory circle and judicial practice circle have paid more and more attention to study on sentencing, including sentencing criterion. However, domestic and overseas scholars still have not gained unified comprehension about concept of sentencing criterion, necessity and specific contents of study on sentencing criterion, etc. Under such background, I consider that it has important theoretical and practical value to study sentencing criterion at this stage. Based on reading a great quantity of relevant literatures and studying the advanced experience about research and practice of sentencing criterion in criminal law theory circle and judicial practice circle of other countries and regions, this paper studied relevant issues about sentencing criterion.This paper includes five parts:Part1summarizes different definitions about concept of sentencing criterion in the academic circle of criminal law, compares narrow sentencing criterion with standard punishment stated in Guiding Opinions on Sentencing by the People’s Courts (for Trial Implementation)(2010) issued by the Supreme People’s Court, and finally raises that the concept of sentencing criterion should be defined from a generalized angle; Part2analyzes contents of sentencing criterion, studies criminal legislation of Chinese sentencing criterion, and gives problems that exist in criminal legislation of Chinese sentencing criterion; Part3analyzes different definitions about sentencing criterion under the guidance of different punishment objectives, to lay a foundation for correct definition of sentencing criterion in the following part. Part4studies German and Japanese sentencing criterion and defines the content of sentencing criterion in legislation, expecting to provide experience for improvement of criminal legislation of Chinese sentencing criterion; Part5provides corresponding suggestions for improvement of criminal legislation of Chinese sentencing criterion by analyzing selection of Chinese punishment objectives, contents of sentencing principles and common sentencing circumstances.