Practical Reflection And System Improvement On Standardization Of Sentencing

The first part is mainly from the meaning of sentencing standardization.Firstly,it elaborates the connotation of sentencing standardization.On the basis of previous judicial practice,it summarizes and refines the specific characteristics of sentencing standardization,and distinguishes sentencing standardization from other sentencing systems.Secondly,the substantive and procedural aspects are discussed.Finally,the value of standardization of sentencing,which has experienced four stages from self-exploration to comprehensive trial implementation,lies in reshaping a reasonable concept of sentencing,achieving a balanced sentencing and enhancing judicial credibility.The second part of the article focuses on the comparative study of the judicial practice of sentencing standardization.Firstly,the development process and characteristics of sentencing standardization in Anglo-American legal system countries and continental legal system countries represented by Germany and Japan are analyzed in detail.Britain,the United States,Germany,Japan and other countries with developed rule of law have implemented various distinctive sentencing norms in accordance with their respective judicial practices.Although some countries have repeatedly appeared,such as the sentencing guide system of the United States,which has been put on hold at present,it can only serve as a reference for judges when sentencing.These practices have long guided sentencing in various countries and played an important role in standardizing sentencing.Reference significance.At the same time,the typical samples of sentencing standardization,namely case samples and case samples,are analyzed to evaluate the judicial effect of sentencing standardization.It is found that there are fewer charges of standardizing sentencing,neglecting the application of detailed additional penalty and the lax control of sentencing circumstances.The third part of the article focuses on the perfection of the system of standardization of sentencing.Firstly,the perfection of the substantive provisions of sentencing,starting with the scientific setting of sentencing circumstances and reasonable setting of sentencing range,is to improve the system.Secondly,from the construction of relatively independent sentencing procedure,standardization of sentencing suggestion system,improvement of sentencing evidence system,the establishment of sentencing hearing system,the sentencing procedure system is further improved.Finally,we should improve the security system from the aspects of standardizing the training mechanism of post judges and strengthening the construction of digital court mechanism.