Research On The Reform Of Sentencing Normalization In China

Criminal trials have always pursued the goal of accurate conviction and appropriate sentencing.The so-called punishment is a crime.Generally speaking,the severity of the penalty is compatible with the degree of harm of the crime.However,the limitations and lags of the statute law objectively combined with the long-term influence of the subjective thinking of “re-conviction and light punishment” and the abuse of judges’ discretion have led to many unfair cases of unfair sentencing,prompting the people to The judicial dissatisfaction of the criminal trial work of the court has been seriously affected.In order to realize the value pursuit of judicial justice,the "Three-Five Reform Outline" of the People’s Court has determined that from the top down,the purpose of regulating the discretion of judges is to regulate the process of sentencing as a means to achieve a standardized reform of sentencing results.It is a landmark initiative in the history of China’s legal system.The reform of sentencing standardization has been carried out for nearly ten years,and has experienced the development process from "partial court trial-National Courts comprehensive trial-National Courts fully implemented".The reform work has been carried out for more than ten years.The standardization system of sentencing determines the steps and methods of sentencing,and quantifies the circumstances of sentencing in a quantitative way.further standardizing the criminal trial and sentencing process,and further increasing the transparency of criminal trials.The abuse of judges’ discretion has achieved positive restrictions,ensuring that criminals’ sentencing is closer to the requirements of the principle of adapting to crimes and punishments.The abnormality of "different judgments in the same case" has been further curbed.China’s standardized reform of sentencing has achieved a win-win situation in safeguarding citizens’ rights and improving judicial authority.Since the reform,the appeals,the rate of protest,and the rate of second-instance trials for the application of the standardized system have been significantly reduced,and the social effects and legal effects have been truly unified.After continuous theoretical research and practical exploration,the standardized reform of sentencing has achieved a series of important achievements such as the application of sentencing circumstances,the establishment of a reasonable sentencing benchmark,and the development of a standardized system for sentencing by the people’s court.However,in theory,the standardization of sentencing is the elimination of the discretion of judges."Precise guidance",the ordinary people in the pursuit of formal justice "the same case with the same judgment" of the one-sided thinking,the practice of the judges mechanized applicable sentencing rules,limiting the judge’s subjective initiative based on experience,conscience,morality,the results of sentencing The average is not balanced,and formal justice is far removed fromsubstantive justice.This paper tries to use the sentencing standardization system of a grass-roots court to investigate the case,and takes the problem of unfairness as a clue to demonstrate the complementary relationship between the standardization of sentencing and the freedom of judges,and proposes solutions from the aspects of revision theory and perfect system.The current method of judging the contradiction between formal justice and substantive justice in the standardized system of sentencing,with a view to gaining theoretical perfection and trial practice.