Study On Sentencing Reasoning Of Criminal Judgment

After being convicted,anyone is faced with deprivation of property,freedom or even life.In the face of punishment,anyone who asks for reason is justifiable,and the justification for penalty is difficult.Since ancient times,sentencing has been a major criminal law issue all round the world.In order to standardize sentencing,many countries in Anglo-American law system also expressly stipulate the sentencing reasoning of judgment in order to urge judges to treat the sentencing seriously on the basis of adopting precise " sentencing guide" to substantively restrict the discretion of judges.The model significance of case law makes judges' sentencing reasoning in British and American countries have great influence on the development of relevant laws.In addition,sentencing reasoning is also beneficial to persuade the parties to accept the judgment,follow the court' s decision,improve the judicial efficiency,save the litigation resources,and facilitate the supervision of the public and the higher courts.The function of the court lies in resolving disputes and the court jurisdiction is exercised by judges.The full judgment reasoning shows the legitimacy and legality of the application of jurisdiction so as to defend the judicial authority.On the micro level,sufficient sentencing reasoning of criminal judgment also makes it convenient for the case compilers of the criminal case guidance system to extract the main points of judgment and expand the source of cases in order to better serve the judicial practice.In the judicial situation where the conviction rate is high and the reform of sentencing standardization is still insufficient,the hot cases caused by unfair sentencing have great influence on public opinion,which damages the image of justice.Therefore,it is very necessary to limit the discretion of judges reasonably.And it may have unexpected effect to eliminate the mystification of the process of penalty discretion by strengthening the mechanism of sentencing reasoning of judge' s judgment combined with the open on-line system in addition to standardization of regulation way.In China,the lack of sentencing reasoning in criminal judgment is mainly reflected as unbalanced reasoning,inadequate reasoning and inflexible reasoning.The sentencing reasoning of criminal judgment is an important part of the sentencing reasoning.The perfection of sentencing reasoning of criminal judgment in China should not only consider the common characteristics of sentencing,but also pay attention to the special characteristics of the sentencing reasoning.Nothing can be accomplished without norms or standards.First of all,the perfection of sentencing reasoning of criminal judgment should make clear its reasoning principle which should be consistent with legality,critical thinking,substantiality and pertinence.And under the premise of making clear the principle,the sentencing reasoning contents of criminal judgment should ne standardized.As the carrier of sentencing reasoning,the existing paper of sentence in China has been used for many years and its structure has limited the reasoning space of judges,which is not in accordance with the realistic needs of the current criminal litigation mode approaching to litigant doctrine.The reconstruction of paper of sentence can be used as a technical approach to expand judge ' s sentencing reasoning space.At the same time,the attitude of the subject of sentencing reasoning to the conviction and sentencing should be corrected so as to improve the sentencing reasoning ability and encourage judges to strictly abide by the law while paying attention to reason.In addition,the lack of sentencing reasoning is closely related to the poor information in the sentencing procedure,so it is necessary to strengthen the supporting system in the sentencing procedure.