Study On The Judge Sentencing Discretion

The judge sentencing discretion is one of criminal discretions, referring to the power when legal provisions or lawsare is vague, for the purpose of fairness and justice, the judges evaluate and identify the specific sentencing and sentencing couple under the guidance of the spirit of legislation and legislative principles. There are three main judges sentencing discretions in our country:the first is to determine the penalty with impunity, the second is to select the kind of criminal punishment and the degree of punishment, the third is the judicial discretion in other areas. Discretion easily leads to imbalance in sentencing,damages the credibility of the judiciary, judicial corruption triggered. The use of sentencing discretion, is not only a necessary social requirement for sentencing justice, the internal demand offorming a benign mechanisms of sentencing, but also an important way to make sentencing process be open, an inevitable choice for China’s current situation and criminal policy.So it is necessary to regulate the judges sentencing discretion from the aspect of procedure. According to the existing problems of the sentencing procedure, we can improve the existing sentencing procedures in four areas:strengthen the defense system of sentencing, improve sentencing recommendations system, establish an independent system of sentencing rules, improve the social survey system.