The Defects And Improvement Of The Sentencing Standardization Of Our Country

Sentencing standardization reform of our country in recent years, graduallybecome the focus of attention. Sentencing standardization of legal significance andsocial significance, its relationship to the citizens own rights and interests, not only atthe same time also all embody the judicial justice to maintain social stability. Thereform of sentencing standardization is of common concern to all countries in theworld, both Anglo-American law system and continental law system countries areactively committed to reducing sentencing deviation has reached the sentencingbalance. Ought to say, the sentencing standardization reform starts late in our country,"in the last century90s, domestic minority district people’s procuratorate to theexploration of the sentencing proposal system. Then, in June2009, formulated by thesupreme people’s court of the people’s court sentencing guidelines (trial)" and "thepeople’s court sentencing process guidance (trial)", has been stated in the official inthe national pilot is on October1,2010." Sentencing standardization reform assubject, this paper tries to focus on the profit and loss of the sentencingstandardization reform in our country, and introduces the typical Anglo-Americanlaw system and continental law system country in the exploration of thestandardization of sentencing and successful experience, in order to provide help toour country’s judicial reform.This article is divided into four chapters, the first chapter for sentencingstandardization prevue. The concept of sentencing standardization is introduced andanalyzed. Secondly, the meaning and connotation of the sentencing standardization isalso covered in this chapter. China’s recent sentencing standardization reform shouldbe closely watched, analysis about the relevant content must be of the sentencingstandardization reform about the basic concept and the value of the sentencingstandardization.The second chapter to the defects of sentencing standardization reform in ourcountry faces. Push forward the reform of sentencing standardization itself is positive, but for now, sentencing standardization reform in our country there are a lot of entityand procedure, and the shortcomings of the value. These defects will restrict theprocess of reform.The third chapter mainly introduces the typical Anglo-American law system andcontinental law system country in sentencing standardization reform present situationand the results is introduced. The U.S. sentencing standardization main characteristicis has guiding significance for the promulgation of "sentencing guidelines, whilecompletely independent sentencing procedure for the judge’s sentencing activities toprovide a good platform. German sentencing standardization is a typical continentallaw system gathering with conviction and sentencing trial model, this model also hasadvantages, but there are also significant disadvantages. Two kinds of legal system ofsentencing standardization different exploration, is worth to draw lessons from thesentencing standardization reform of our country.The fourth chapter is based on the status quo of China’s current sentencingstandardization reform put forward some thinking to perfect the aspects. First, thesetting of the sentencing benchmark punishment should be more rational; Establishand improve the case guidance system, this from the Angle of the entity to perfect thereform of sentencing standardization. And from the Angle of the program, it shouldgradually establish a completely independent sentencing procedures, the other insentencing defendant shall be fully respected and defense lawyers involved.