Judge Abuse Leads To Sentencing Deviation Analysis

Sentencing is a worldwide problem, and countries around the world areactively investigate criminal legislative and judicial measures to regulate the activitiesof the sentencing judge, to reduce the sentencing imbalance and sentencingdiscrepancies in order to achieve the balance of the sentence. In this paper, amethod of combining case studies and theoretical analysis, Chongqing Dazu CountyCourt, as well as the Shizhu court case data, combined with the typical case of thecommunity, more comprehensive, systematic demonstration of our judgessentencing bias problem, put forward their own ideas but also the improvement ofour sentencing system.The full text is divided into five parts, a total of four thousand words.The first part，an overview of the basic concepts of the sentencing deviation，sentencing bias and sentencing differences in the concept of a comparative analysis，based on a brief analysis of the causes and characteristics of the lead to sentencingdeviation. Arbitrary.The second part, to summarize the current state of our sentencing bias: first,the same court handling the same cases; second, different courts on the same caseprocessing results; third, different judges handling the same case; fourth, differentcourts or different judges handled similar cases are different; fifth, different casesare not different treatment; Sixth, a common criminal cases handled separately bythe sentencing deviation.The third part, the analysis of the status of our sentencing deviation,discusses the judges and arbitrary sentencing caused by internal factors of thesentencing deviation. Internal factors: first, the judges of different professionalqualities and political qualities and psychological quality of sentencing; second,judge different outlook on life and values of the impact on sentencing; third, thejudges of different social backgrounds, economic background and educationalbackground of sentencing;The fourth part, due to the judge’s favoritism led to the sentencing deviation.Part IV discusses the judge to arbitrary sentencing caused by external factors of thesentencing deviation. The main external factors: first, the power sector to thejudge sentencing impact; Second, the public media on the judge’s sentencing;Third,"public opinion" on the judge’s sentencing.The fifth part, arbitrary sentencing for judges sentencing deviation caused bythe demonstration of appropriate policies and measures. First, the establishment of asystematic and rational sentencing rules; second, run, and constantly improve thesentencing process, change the status quo of the sentencing deviation; third, toestablish and perfect the judge fined the reasoning mechanism.