Research On The Problem Of Standardizing Sentencing Discretion Of A Judge

Sentencing judge's discretion, refers to the activities of a criminal trial, a conviction on the basis of the law is no specific department or statutory provisions, when selecting the interval, which is determined according to the sentencing and punishment should be applied to determine the offender sentencing range powers. Discretion pros and cons, there are real value of existence, are also at risk of abuse. Countries are comprehensively promote sentencing reform, aimed at a reasonable standard sentencing judge's discretion; at the same time, the sentencing judge's discretion should be exercised in a positive rational sentencing reform, justice cases, establishing the legal credibility. Sentencing Discretion standardization and as an organic whole, in criminal law to adapt the principles of criminal culpability, the two work together in every criminal case sentencing among neglected. The status quo by the judge's sentencing discretion, to analyze the real disadvantages and problems that may arise. Discretion excessive use of not only the case of unjust judgment, prejudice the rights of the accused, but also undermine the authority of the judiciary and reduce the credibility of the judiciary. Theoretical basis and practical significance sentencing discretion exists for the realization of universal justice and reasonable sentencing, you need a reasonable exercise of sentencing discretion of judges. Introduction to evolve common law and civil law regarding sentencing discretion, and help us to a legitimate exercise of discretion will be learning from. In the context of judicial reform, the independence of the judge handling the case will have to be further improved, Discretion will be a long-term presence, to build a standardized judge sentencing discretion to exercise proper mechanism to make recommendations in order to achieve fairness and justice sentencing, the author I hope to improve by elite judges the quality of judges, improving sentencing standardization system through the program, the establishment of the system and other aspects of the verdict and sentencing reasoning specification standardized sentencing exercise and achieve full sentencing traces, strengthen supervision Forced to open justice and promote justice.