Comparative Analysis On Basic Criterion Of Sentencing Between China And UK

There are many theories concerning the definition of basic criterion of sentencing in the domestic and overseas. In the narrow sense, basic criterion of sentencing is a certain quantity of punishment for a typical crime. Broadly speaking, it refers to the objects and doctrines while weighing of the penalty, which includes the factors and principles of sentence. Through the method of comparative study, the article starting from the general connotation of sentencing benchmarks, compares the legal authority, principles of establishment and ingredients endeavors to dialysis a major difference between China and English Criminal Law. On this basis, the article put forward criticism and reflections both theoretically and practically. Furthermore, it proposes the construction scheme to improve our sentencing benchmark.The article includes introduction, text and epilogue. Body part is divided into five chapters. The first chapter begins with the connotation and denotation of sentencing benchmark, which lists the basic theories on the sentencing benchmark in China and the relevant system construction in UK. The article focuses on the essential differences of sentence system rather than the formal differences of penal quantity between the two countries. The next three chapters respectively observe the legal norms, the foundational principles (penal standpoint) and constituents of sentencing benchmark.The last chapter ends up with the conclusion. First of all, we should set up reasonable penal standpoint. The criminal liability should be judged by social perniciousness accompanying with personal dangerousness. Secondly, it is essentially to set up multiple modes of specialized directive institutions for weighing of the penalty based on empirical researches. Meanwhile, we should attach more importance to legal precedent. Last but not the least, it is ought to set up rules of sentencing benchmark ingredients.