The Research On The Problems Of Chinese Penalty Standardization

Sentencing is always the focus of the criminal law educational world attention problems， and how toensure that sentencing scientific setting so as to realize the standardization. Be close to stage the countriesall over the world including China judicial reform one of the main direction， this paper main body part infour chapters on the problem discussed：The first chapter discusses China’s sentencing standardization and reform turn now. This chapter isdivided into two parts：the first part for sentencing standardization are summarized， mainly illustrates theconcept and essence of sentencing standardization； The second part is aiming at sentencingstandardization reform and open， combined with our country puts forward the reform backgroundsentencing standardization，summarizes the present state in sentencing standardization reform practice andthe positive effect， i.e.， effectively realized the legal effect and social effect of unity.The second chapter in the sentencing standardization practice has positive effect on the basis of ourcountry reveals the sentencing standardization in the practice of the problem and reason analysis. Thischapter is divided into three parts：the first part reveals sentencing standardization in the process ofimplementation by the influence of the traditional consciousness， such as heavy condemnation lightsentencing thought， the aspect of the traditional concept of socialism， which hindered the reformpractice； The second part analyzes the deficiency of the existing legislation， mainly is the basic law ofcriminal punishment to the lack of standardized regulation and implementation file scope co.， LTD.， andthe problem of low effectiveness； The third part is for practical operation due to determine sentencingreference way not unified， sentencing method is not scientific， and the parties sentencing， the lack ofcoordination， sentencing mechanization ignore individualized problems lead to difficulty in operation.The third chapter， based on the investigation of foreign sentencing standardization shall be selectivereference. This chapter according to the practical experience of typical countries is divided into three partsto discuss： the first part is mainly inspects the American mode of sentencing standardization reformpractice， that is， through the establishment of "the United States sentencing guidelines"， establishdeviating from the policy and sentencing former survey system to ensure the implementation of thescientific sentencing； The second part investigates the British mode of sentencing guidelines forinstitutions and sentencing guidelines system； The third part investigating the German sentencing factorsdetermine the change and to determine sentencing recommendations system in sentencing standardizationin the practice of the important role.The fourth chapter to perfect our country’s sentencing standardization reasonable Suggestions. Thischapter is divided into three parts to discuss： the first part， starting from the level of consciousnessthrough the popularization sentencing standardization concept and popularization of the criminal policy of "tempering justice with mercy" to change the idea consciousness； The second part is to perfect thelegislation， mainly is the perfect relevant criminal basic law， enlarge the scope of guidance， to improvethe effectiveness of sentencing guidelines； The third part from practice， some Suggestions on how tostrengthen the judicial practice operational methods， namely the method of determine sentencingbenchmark problems， uniform standard sentencing method， various departments clear responsibilities，strengthen cooperation， establish individualized punishment principle four aspects to implement.