Research On The Reform Of Standardizing The Measurement Of Penalty

To appear in practice of sentencing imbalance problem, sentencing standardization reform as a major judicial reform project in 2010, has a huge effect in practice, However, due to relative to the penal system of our country, the reform is still not mature, will inevitably encounter in the process of reform in the judicial practice problems and bottlenecks, may inevitably exist many problems, so for this thesis writing has its practical significance.This paper main body is composed of five parts:The first part, an introduction to the article, this paper discusses the research background, theoretical significance and practical significance, research status, research methods and innovations.The second part, on the whole of the sentencing standardization reform do a comprehensive description of respectively from the research value, the main content and the sentencing guidelines of concrete applicable as well as the results of three aspects, and combining with the research situation of Xining city several grass-roots court discusses influence on the essence of this reform.The third part, mainly analyzes the sentencing standardization reform policy and tempering justice with mercy, and the judge discretion and the relationship between the individualized punishment, from the aspects of legal purpose and applicable for the reform should follow the direction of, and on this basis, which leads to the next part of the content.The fourth part, mainly analyzes the sentencing standardization reform in the implementation of the main problems existing in four years, this part mainly from the aspects of entity and procedure, as well as three organs in the three aspects of problems in the reform, and combining with the research of Xining city grass-roots court case and case analysis, a comprehensive explanation.The fifth part, this part mainly aims at the existing problems, and then discusses the improvement of the sentencing standardization reform Suggestions, on the corresponding part of the content through the entity, procedure and problems arising from the three organs in the reform of sentencing standardization reform Suggestions to consummate the suggestion.