On The Standardization Of Baseline Punishment

The remarkable manifestation of the sentencing deviation is "dealing with the same case differently",which will inevitably affect the judicial authority and social justice.By comparing similar cases in trial practice,it is found that the baseline punishment is a key factor affecting the deviation of sentencing.When studying the issues related to the baseline punishment,it is necessary to clearly define the concept of the baseline punishment rather than confuse the baseline punishment with the sentencing benchmark.At present,the main problems in the establishment of China's benchmark punishment are as follows.Firstly,some starting points of sentencing crimes are so broad that the judges can't determine them easily and accurately.Secondly,the criminal facts used to regulate the starting point of sentencing are too arbitrary.This starting point also applies to the similar crimes.However,there are even large differences in application.Thirdly,the application of the current sentencing circumstances has clearly divested responsibility,and did not pay attention to the relationship between responsibility and preventive punishment.The standardization of the baseline punishment should be based on the principle of individualization of punishment and the implementation of the principle of responsibility.Determining the starting point of sentencing should be based on empirical research.And the relatively reasonable starting range of sentencing should be determined by analyzing big data from advanced information technology.In the steps of adjusting the amount of punishment,the criminal facts that regulate the starting point of sentencing should be quantified,and the corresponding adjustment ratio should be specified,and the amount of punishment should be adjusted by the judge according to a certain order.In the application of the sentencing circumstances of the adjustment of the benchmark sentence,it is necessary to distinguish between the liability penalty section and the prevention of the criminal section,and form a two-tiered step-like order.The first order applies to the liability penalty section at first,and the second order then applies to the prevention penalty section so as to place restrictions of liability punishment on the preventing punishment.