Standardized Sentencing Study

Implementation of the criminal justice rely on conviction and sentencing, sentencing means that criminal penalties are serious and relate to civil rights, social stability and justice. China's existing sentencing is not accurate, inaccurate, unbalanced and unscientific basis, which is subject to our long-standing "re-conviction, light sentencing," the impact of felony doctrine. Therefore, this paper aims to standardize sentencing for the purpose of supporting a reasonable sentence as to the exact sentence for the consideration of sentencing by itself and the specific procedures for standardization, objectivity of the sentencing rules of activities being confined, to play on this basis Sentencing in judicial activities of the main initiative to achieve the scientific process of sentencing, the result is correct. Meanwhile, in the sentencing process of standardization should also focus on the convergence of physical and procedures, the use of means of comparison, standardized mechanism for Reconsideration of the relevant sentencing philosophy, the ultimate driving sentencing publicly transparent systems and mechanisms of sentencing, sentencing results justice in the sentencing standards of objective and subjective unified research and development.Based on our past scholars and practitioners of the study and practice of sentencing reform, combined with the background, which the decision of the Supreme Court in the country to fully implement the reform and standardization of the sentencing trial, "the people's court sentencing guidance (Trial)" and " guidance to the people's court sentencing procedures (Trial) "and" Two Middle School Ministry "enactment of the" number of issues on regulating the views of the sentencing process (Trial) "from October 1,2010 onwards, and before that, Shandong, Jiangsu, Shanghai, Sichuan and other regions have been carried out within their respective mandates and standardization of sentencing reform, the "first" in the background. Meanwhile, the paper industry in the face of academic and practical demonstration of the sentencing standardization and research program often stay in the physical and over-separation, the organic unity of the expense of the reciprocal relationship between the two; in the procedural design of the internal system often focus on its independence and one-sidedness, such as benchmarking sentencing, Sentencing determination of sentencing factors to develop a single design, etc., while ignoring all inter-related system design and other aspects of knot, are put forward their own views. In addition, the court, prosecutors, lawyers, public, defendants, victims and other position in the sentence and its role in the normalization should also be attention; Procuratorate sentencing recommendation of the "insignificant" and the discretion of the Court during the game, it must design a reasonable mechanism and system to achieve maximum sentence of balance.Implementation of standardized sentencing criminal justice activities must be interoperability among the various mechanisms of starting the sentence into a standardized system to form the sentence in line with our national conditions and standardized system, and finally to the Mechanism.