The Research In Sentencing Standar Dization Of The Minor Crime

Frequent in the21st century, the minor crime, has become the common social problems faced by countries around the world today, has been included in the United Nations international "one of the three public hazards". Minor crime compared with the adult crime has its particularity, so how to do in the legislation, judicial behavior modification of minor crime at the same time, also can have certain social exemplary role in society, to prevent the happening of the minor crime, this is the reality of our country legislation and judicial practice of a large project.Sentencing is a important part of the criminal trial, the minor crime sentencing is directly related to the growth and education of minors, therefore it is necessary for sentencing minors system cause enough attention. In the minor crime to be scientific and reasonable sentence, not only should attach great importance to the social relations of damage to minors, should also pay much attention to the education of minors and the minor crime prevention. Laws and regulations of our country although attention has been paid to the minor crime sentencing guidelines and should stick to the principle of. But in the actual minor crime often exist in court the judge discretion is too large, the problem such as obvious regional differences, the lack of sentencing standardization; In addition, the theoretical circle on the issue also has many disputes, lead to minors in the criminal’s rights are infringed.Minor crime in meting out exactly how, should adopt what kind of scale, what kind of standard, this is in fact sentencing standardization problems, which should be solved in the judicial practice., therefore, to realize the standardization of the minor crime sentencing, it must reflect on first minor crime system, find and fix problems, to implement the system of refactoring.This paper mainly includes four parts, the first part of the minor crime sentencing standardization, the necessity of analysis. The second part first reflection system and its existing problems. In this paper, the third part of our country minor crime sentencing should be taken when principles are expounded. The last part puts forward the implementation of sentencing standardization has taken some concrete measures.The author hope that through this article research prior to the legal framework, for minor crime sentencing standardization is put forward a feasible path, in order to reduce the judge discretion at the trial is not reasonable use, the realization of the concrete in the minor crime in our country has taken the criminal policy of "education is given priority to, punishment subsidiary", guarantee the procedural justice, so as to effectively protect the rights and interests of minors’criminal.