Research On Different Sentences Of Homogeneous Crimes

"Different sentences of homogeneous crimes" refers to cases in criminal law in which two or more cases have the same convictions,the law quantifies the circumstances of the crime,and the discretionary quantitative punishment plots are similar but the verdicts are not the same,because they fail to accurately reflect the definition,it is expressed in terms of "different sentences of homogeneous crimes".With the deepening of the concept of judicial justice,this phenomenon has gradually attracted widespread attention from all walks of life.The article chooses the crime of intentional homicide that is the most serious penalty in criminal law as the object of empirical analysis,and focuses on the cases of retrial and second instance that best illustrates the problem.In the case of retrial,the cases examined by the same court at the same trial level and the judgment of different courts on the crime of homogeneity were analyzed;The cases of second instance were classified according to the "Proceedings of the National Conference on the Trial of Maintaining Rural Stability in Criminal Trials" mentioned in the "Dispute over Family Controversies" and "Causes from Trivialities in Neighbourhood Disputes" to select representative cases for analysis.It can be seen that different courts may have different situations regarding the determination of the same circumstances.Under extreme circumstances,the phenomenon of finding out the opposite sentencing scenario for the same situation may occur;the same court determines the same circumstances differently;The gap of the judgments of homogeneous crimes for different courts is relatively large.The phenomenon of "different sentences of homogeneous crimes" has caused different standards for sentencing,which in turn has led to judicial injustices,reduce judicial credibility,ultimately lead to poor social effects.This phenomenon has also interacted with the three issues.The reasons for "different sentences of homogeneous crimes" can be from the social level(mainly including the influence of rule of law propaganda and public opinion),the system level(mainly including the characteristics of statute law,judicial independence,discretionary power),and individual level(quality of judicial personnel).According to the empirical analysis,the countermeasure is to establish a systematic,progressive,systematic system consisting of "sentencing rules(legal validity),judicial precedents(judicial interpretation validity),and case guidance systems(no coercion)".On this basis,first of all,it will continue to improve the sentencing rules in conjunction with the big data platform,and then introduce judicial precedent system in light of national circumstances,discuss the necessity and feasibility of its introduction,and discuss the contents of the judicial precedent system(mainly from applicable principles,sources,scopes,core parts and procedures).Thirdly,regarding the judiciary's proposal to strengthen the independence of the judiciary and enhance the quality of the judiciary,we will eventually achieve "the same sentences for homogeneous crimes".