Research On The Reform Of Sentencing Standardization In China

Since the Supreme People’s court put forward in the outline of the second five year plan reform of the people’s Court(2004-2008)"to study and formulate the sentencing guidance on other crimes,and improve and perfect the relatively independent sentencing procedures",China’s sentencing standardization reform has gone through four stages of "germination","brewing","exploration" and "all-round spreading",and is gradually stepping up To "perfect" stage.Under the rational inspection,although the reform of sentencing standardization has achieved some results in "unifying the judgment scale" and "standardizing the exercise of the judge’s discretion",the response to the problems of "atypical crime governance","reasonable application of non custodial punishment" and "standardized application of sentencing circumstances" is still ineffective.The basic idea of the reform of China’s sentencing standardization is to restrict the judge’s discretion with detailed text.Combined with the evolution experience of the sentencing guidance system in the United States,it can be seen that the sentencing standardization based on the "detailed substantive rules" may not meet the needs of the increasingly complex criminal cases in the future.The reform of sentencing standardization in China needs to change the way of thinking.The judge’s discretion has changed from "restraining" to "guiding".By improving the assessment mechanism of criminal trial team,ensuring the judge’s independence in accordance with the law,the judge can dare to reason and create.