Investigation On The Dilemma And Improvement Of The Standardized Penalty Measure

The 'standardized measurement of sentencing' herein refers to the term established by the People's Supreme Court in <the Guidance Opinion of Punishment(Provisional)for the Supreme People's Court> after the reform of sentencing standardization began in China.Seven years have passed since the measurement of sentencing was applied on October 1,2010.The greatest advance of this standardized measurement can attribute to the introduce of the quantitative analysis in sentencing,which moves a solid step toward the correct direction of sentencing reform.The standardization of sentencing effectively avoids oversized freedom for judges in discretion,which promotes the impartialness and fairness of sentencing.However,many problems appeared gradually in the practice of sentencing measurement.This thesis was designed to find out why these problems arise and how to solve these problems based on the summary,induction and analysis of these problems.We also put forward our own suggestions to improve the standardization of sentencing methods.In chapter I,we first introduced the formation and development of the standardized sentencing method.The review of the reform process and progress laid the foundation for exploring the existing problems.In chapter II,five main problems were first summarized on the basis of analysis of the dilemmas faced by the current standardized sentencing measurement.Subsequently,we analyzed the main causes attributed to the existing problems through penetrating the controversial issues concerning the theories and methods In chapter III,we put forward our own suggestions in terms of the theoretical cognition on the standardization of sentencing method.Firstly,we clarified the demarcation of the actual circumstances of the crime and the actual circumstances of the sentencing,and also suggested the sentencing benchmark with the function of "prospective basis" that should be taken as the basic measurement for sentencing.Secondly,we proposed a method for determining the sentencing benchmark.The model fitting approach can be used to determine the criterion for imposing penalty for the Amount crime.Whereas,The concept of " Sentencing benchmarks " can be introduced for Non-amount crime to find the solution to determine the criterion for imposing penalty.Thirdly,adjustment for the sentencing criteria can be applied by using the principle of numbers for analysis and comparing different methods of adjustment.It is suggested to adopt a scientific and rational "Even by type" adjustment method for the sentencing benchmark adjustment to overcome the problems and deficiencies in the adjustment method of "same direction addition and reverse subtraction".In chapter IV,we rationally analyzed and evaluated the proposal of the sentencing method and also displayed the effect in practice intuitively.