Research On The Sentencing Imbalance In China

For a long time,many scholars have focused on the issue of conviction dispute on the death of victims with special physique caused by minor violence.After years of research,they have reached a certain consensus in theory and practice.Few scholars have studied the issue of sentencing.This paper mainly adopts the method of empirical research to study the cases of victims with special physique.Through collecting the relevant cases from the network of judicial documents in the past five years,it makes a practical investigation on the cases of victims with special physique,understands the application of criminal law,the application of legal sentencing circumstances,the application of discretionary sentencing circumstances,and makes statistics Data are summarized in judicial practice in sentencing problems encountered in the imbalance.Combined with the reform of sentencing standardization,this paper analyzes the judicial reasons of sentencing imbalance,and puts forward suggestions for improvement.The first chapter is the sentencing analysis of related cases and the problem of sentencing imbalance.In this part,firstly,we search for cases on Chinese judicial document network by searching keywords such as "special constitution","special constitution","slight violence" and "inducement".Then we screen the cases through the characteristics of cases of death of victims of special constitution caused by slight violence,and do empirical Research on the sample cases.Summarize the sentencing situation of the case judgment,the application and influencing factors of probation,the adoption of the legal sentencing circumstances and discretionary sentencing circumstances,and the degree of influence on sentencing.It also analyzes the imbalance of sentencing among cases,superior and subordinate courts,regions and courts at the same level.The second chapter is the analysis of the causes of the imbalance of sentencing.This paper analyzes the reasons for the imbalance of sentencing from three aspects of norms,concepts and procedures.In legislation,because of the lack of sentencing norms,the judges have too much freedom;in concept,the judicial personnel’s wrong understanding of sentencing theory and the traditional thinking of emphasizing conviction rather than sentencing are the ideological root of the imbalance of sentencing;in system,the reform of sentencing procedure is facing difficulties,lacking of independent sentencing procedure,the coarseness of sentencing reasoning and the difficulty of sentencing suggestion system,which make it difficult to restrict the discretion Use of quantity right.The third chapter is the problem-solving part,and puts forward relevant regulatory suggestions.In terms of legislation,we should perfect and formulate the normative documents of sentencing,establish correct sentencing thoughts,and realize the legitimacy of penalty and the purpose of prevention;in terms of procedure,we should adhere to the relative independence of sentencing procedure,build the diversion mode of sentencing procedure,the defense mode of sentencing debate,coordinate the relationship between sentencing norms and the judge’s right to sentencing freedom,and improve the system of displaying the reasons for sentencing in China Continue to promote the implementation of the sentencing proposal system.