A Contrastive Study Of Chinese And English Sentencing Guidelines And Language

The phenomenon of sentencing imbalance exists widely in the judicial practice of different countries.In order to solve this problem,various countries have carried out corresponding exploration.The countries represented by Britain and the United States have formulated sentencing guidelines to restrict the discretion of judges in sentencing.The exploration of sentencing guidelines in Britain started earlier and formed a set of sentencing guidelines with their own characteristics,The emergence of sentencing guidelines gives judges great reference in sentencing and plays an important role in achieving sentencing consistency and sentencing balance.In 2010,the Supreme People’s Court of China issued the Guidance on Sentencing for Common Crimes,which is similar to the logical sentencing guidelines in the England and Wales in terms of text and style.This paper compares the sentencing guidance of our China with the sentencing guidelines of England and Wales from the aspects of legislative form,legislative background and legislative purpose.At the same time,it compares the text structure,stylistic features,semanteme and other aspects of the two texts,and obtains the similarities and differences between the two,and analyzes them in combination with the judicial practice of the two countries,It concludes the achievements and shortcomings of the reform of sentencing standardization in China,and puts forward relevant suggestions to improve the formulation of sentencing guidance normative documents in China.This thesis is divided into four chaptersThe first chapter analyzes the current situation of sentencing guidelines in China and English,compares the legislative form,legislative background and legislative purpose of the two countries,concludes the differences between the two countries in terms of the main legislative body of sentencing guideline and the reasons,and introduces and analyzes the other relevant contents of the two countries’ sentencing guidelines.The second chapter makes a comparative analysis of the discourse structure and stylistic features of sentencing guidelines in China and English.The third chapter makes a comparative analysis from the perspective of term,sentence semanteme of Chinese and English sentencing guidelines,analyzes their long and difficult sentences from the perspective of sentence structure,analyzes their basic vocabulary and terminology from the perspective of vocabulary,and analyzes their accuracy and fuzziness from the perspective of semantics.Based on the contrastive analysis of the above,the fourth chapter analyzes the problems in the process of "sentencing standardization reform" in China,and analyzes the revision of sentencing guidance of China from the perspective of legislation,linguistics and legal translation.In view of the great differences in social systems and historical traditions between China and English,we can not directly transplant the English sentencing guideline,It should be based on China’s national conditions,learn from the advantages and system design of the English sentencing guideline,and fully consider the reasons and conditions why the mode of English sentencing guideline can play a role in its own country,so as to improve China’s "sentencing guideline".