On The Setting Of Statutory Sentence Extent

The statutory sentence extent is a very important part of in the theoretical studyof criminal punishment, which links the pandect of the criminal law and its systematic.Based on current criminal laws, this article analyses the current situation of the settingof statutory sentence extent and its defects, proposes countermeasures and advices toprovides an effective solution to the issue of sentence extent in penology theory andjudicial practice.It is to set the definition of statutory sentence extent and its features such aslegality, diversity and correspondence according to criminal law theory, todemonstrate the necessity and rationality of the setting of the statutory sentence extent,to make use of the theory of retribution penalty and the penalty concept withutilitarianism and to analyse of the theory base of statutory sentence extent oflegislation and judicature. Apply the theory of sentencing according the theory ofcriminal law, criminal legislation and criminal justice as the standard of the setting ofstatutory sentence extent in China.Analyse the present situation and characteristics of the setting of statutorysentence extent in China based on the current criminal law: only one level is set forthe charges of lower harmfulness to the society in statutory sentence; the greater thespan of statutory sentence extent, the more levels in the extent; the sentencing levelsare divided by the circumstances.There are three defects in the setting of the statutory sentence extent in China,namely, big difference between the levels of sentence extent, the imbalance of thesentence extent for some charges, and lack of unified standard for the setting of somecriminal sentence,Puts forward relevant countermeasures and suggestions to the defects in thesetting of statutory sentence extent in China according to the principles of clarity,balance, justice, moderation, inheritance: reduce the span between the levels ofstatutory sentence, realize the balance of sentence for different charges; unify thesetting standard of the statutory sentence for similar charges.