Sesearch On Interpretation Of Sentencing Judgments

In the entire criminal trial process,the sentencing link should be at the core.Justice is not only the life of sentencing,but also the ultimate goal of sentencing.The realization of sentencing justice is not only a problem that every judge must attach great importance to and thinks about,but also often the most relevant to the interests of criminal defendants.For a long time,the Supreme People's Court has been paying attention to the interpretation and acceptability of criminal judgment documents.The judges of local people's courts at all levels in the country have also paid more and more attention to the arguments of some major and complicated criminal cases when making judgments.But for a long time,whether it is the criminal law theory or the criminal litigation theory research,the focus of research has always been directly related to conviction and reasoning,but the research on sentencing is rare.After sorting out the judgments on a large number of cases of corruption and bribery,it was found that after the implementation of the interpretation of the arguments,the sentencing theory of the judgment was still lacking,and compared with the judgments of other crimes,the rate of surrender and the penalty for the crimes of duty crimes were both It is higher than other crimes,but because of the lack of sentencing theory,the reason is not known,and it is precisely because of this loophole that it will lead to the abuse of judges' discretion,resulting in an imbalance in sentencing,so we must pay attention to the judgment of duty crimes.The reasoning part of the sentencing.Therefore,taking the guiding principle of interpretation and reasoning as an opportunity,combined with the characteristics of duty crime cases,boldly put forward the concept of"discrimination of sentencing calculation method",which is a method of reasoning only for the amount part.Moreover,because the crimes of duty are mostly the amount of crimes,there is a problem of calculating the amount when sentencing,so the selection of the duty crime judgment is taken as a perspective.The concept of"discrimination of sentencing calculations"is not a closed-door car,involving arguments of feasibility and legitimacy.From the feasibility point of view,the first method of sentencing calculation is an embodiment of judicial openness,an effective way to improve the credibility of the judiciary,and a requirement for the acceptability of judicial decisions.In terms of legitimacy,the Supreme People's Court's"Guiding Opinions on Strengthening and Standardizing the Interpretation of Judgment Documents"clearly requires that the judgment process should clarify the formation process of the referee's conclusions.Therefore,the interpretation of the sentencing calculation method is legally supported..The interpretation of sentencing calculation provides a channel for the public to participate effectively in the trial,which helps to improve the professional quality of judges,improve the acceptability of judgment results,and help to change the current quality of judgments and the imbalance of sentencing.In short,the interpretation of sentencing calculations has positive benefits for the public,the courts,the parties and the society.But the same can not be ignored,especially how to resolve the relationship between the quality of the judgment and the efficiency of the judiciary and whether it can really achieve the judgment of the judges at a glance,and whether the judge has the ability to do so in the judgment.Explain the way in which sentencing is calculated.These are the methods of sentencing calculations that explain the challenges that will be faced.The specific conception explained in the form of sentencing calculation.First of all,it is necessary to determine the scope of the case explained in the applicable sentencing calculation method,that is,only the case involving the amount problem in the sentencing.Secondly,at the substantive law level,refining and improving the sentencing guidance and clarifying the standardization of sentencing standards is a major premise for the interpretation of sentencing.Thirdly,in the specific operation,it is necessary to clarify what content should be specifically explained in the judgment,and then explain in what form.Finally,improve the corresponding supporting measures,such as improving the guiding system of corruption,bribery sentencing cases,and selectively publishing the controversial sentencing evidence on the basis of the disclosure of the judgment documents.