Study On Several Problems Of Sentencing Benchmark

With the problem of sentencing deviation has draw more and more public attention, the standardization of sentencing has become the important task for the judicial. Being the core proposition and the fundamental approach to achieve the standardization of sentencing, the establishment of the sentencing benchmark is of great significance to solve the problem of sentencing imbalance, prevent the abuse of discretion, achieve the sentencing justice and safeguard the judicial authority. First of all, as for the definition of the sentencing benchmark, it can not be judged as a kind of periodic evaluation criterion, but it should be divided into the legal sentencing benchmark and the judge sentencing benchmark based on the position of abstract sin and specific sin respectively and to define it from two dimension, i.e. the legislative norms of necessary and the evaluation of real facts which will guide the legal sentencing as well as restrain the judge sentencing. Secondly, with the respect of the functional requirements, the sentencing benchmark should be a kind of system design with the unity of normative guidance and specific methods. And at the same time, in needs of the implementation of the vale of the sentencing benchmark, the legal sentencing benchmark should be presented in the form of "amplitude", and the judge sentencing benchmark should be a determined "point". Finally, for the determine method of the sentencing benchmark, the legal sentencing benchmark should achieve the limitation of the amplitude of legal penalty and form a standardized sort sentencing form through the comparison between the abstract infringement degree to the legal interests and the subjection malignance; the judge sentencing benchmark should determine the final sentencing point on the basis of the legal sentencing benchmark, and with the progressive procedure of facts standard, pattern standard and sentencing transformation standard.