Research On The Relevant Safeguard Measures To Sentencing Standardization

October1,2010, as the two overall guidance of the sentencing reform, namely“the people’s court sentencing guidance (Trial)” and “the views of a number of issueson the sentencing process (Trial)” formally introduced to nationwide, marking thesentencing reform pilot commenced officially in the national courts at all levels. Sofar, the reform has been implemented for more than a year, based on the summaryreport of the court, the judge’s discretion to exercise to get the initial specification,sentencing results is getting more accurate and fair, compared to before, appeal ratedecreased significantly, we can see sentenced reform has achieved remarkable success.Balanced and fair sentencing results matters to the legal authority and the realizationof social justice, we must further the implementation of it in an orderly manner, but asthe vertical depth of the ongoing reform, some of the problems which could not haveanticipated at the beginning of the reform began to emerge, reform participants needto be spelled out to clarify the differences encountered in the implementation ofsentencing reform, and some need to overcome the difficulties, all of these affectedthe implementation of the reform effect, hindered the further implementation of thereform. The author believes that sentencing reform is on a vast scale, they involve awide range of judicial reform projects, nowadays many of the current problems thereforms carried associated with the lack of relevant safeguards, from the perspective of promoting standardization of sentencing further and deepen, we must make theestablishment and improvement of the sentencing standardized safeguards, and makesure they go hand in hand with the overall reform, in this way that we can really makesure the over all reform is on the right track and can be much more better. The fulltext is divided into four chapters:Chapter Ⅰ gives a general idea on Sentencing standardization background, values andthe main proposition, and made a basic exposition on the sentencing reform from amacro perspective.Chapter Ⅱ describes the the extraterritorial sentencing standardized mode, includingthe digital sentencing model of America, the reasoning sentencing mode of England,as well as Japan’s sentencing measuring mode, and briefly discusses what we canlearn from these modes in China.Chapter Ⅲ summarizes the current problems participants in the sentencing reformprocess are facing and made a preliminary analysis of the causes of these problems.Chapter Ⅳ gives some safeguards measures from the angel of how to advance thesentencing standardization reforms to further steps, including the reform of the courtverdict, build a relatively independent sentencing process, improve the sentencingprosecution system and case guidance system, and the establishment of sentencinginvestigation system.