Research On Sentence Standardization In The View Of Punishment Individualization

The concept of punishment individualization derives from the standpoint of modern criminal law, and reflects the spirits of modern criminal law. In order to reveal the connotation of punishment individualization correctly, firstly, we should lay the basis of punishment individualization on the principal of the unification of retribution and prevention. Secondly, we should overall consider crime condition and perpetrator condition in punishment individualization. So, punishment individualization is a criminal principal which not only consider the degree of social harmfulness of crime according to the demand of retribution and prevention, but also consider the personal dangerousness of perpetrator. Punishment individualization put emphasis on case-by-case basis when it comes to punish perpetrator.Sentence standardization is the standardization of sentencing, which combines the abstract legal provisions and specific case facts, and theorize sentence. On the premise of respecting the entity nature of sentence and following the rule of quantitative sentence, sentence standardization makes impartial, justice verdicts which conform to the purpose of sentence by setting and applying complete criminal procedures.’The people’s court sentencing guidelines (trial)’released by the supreme people’s court points out that this document aims at constraining judge’s discretion, realizing sentencing balance, guaranteeing the implementation of adaption of crime and punishment. Sentence standardization and punishment individualization has unification and conflict. The conflict between them is bound to interfere the carrying out of sentence standardization.Sentence standardization and punishment individualization has unification and conflict. Their unification is embodied as, firstly, the final measure standard of both is fairness and justice, secondly, both aims at securing judge’s discretion correctly, thirdly, and sentence standardization is the process of punishment individualization. Their conflict is embodied as, firstly, the reason they generates is different, secondly, their sentence basis is different, thirdly, their sentence method is different, fourthly, their starting point is different, fifthly, the spirits reflected by sentence is different, sixthly, their attitude towards judge’s discretion is different.The reformation of sentence standardization in our country and the method of settling the conflict between sentence standardization and punishment individualization can use American’s sentence mode for reference. The specific measures conclude, firstly, the regulation of judge’s discretion, secondly, relative individualization of sentence procedure, thirdly, establishing instructional judicial interpretation, fourthly, completing case guidance system, fifthly, the reformation of criminal verdicts and institutionalization of sentence advice.