Reflection On The Effect Of The Reform Of Sentencing Standardization

The reform of sentencing standardized reform,led by the Supreme People’s court,has been carried out in the whole country for eight years.The existence of eight years has proved that it has a certain rationality,but it does not show that it has reached the degree of perfection.In the near future,the Supreme Court has promulgated the latest regulations to correct it.It also proves that the reform of sentencing standardization is still on the way of correction.But what kind of deviation is there?What is the cause of the deviation?How should this deviation be corrected?The answer to the problem can not be seen in its own sense.Therefore,based on the present situation of the sentencing of the crime of larceny,this paper analyzes the existence of the existing deviation,then analyses the causes of the deviation,and puts forward a practical solution.This paper is divided into five parts.Besides the introduction and conclusion,the text is divided into three parts:the origin of the problem,the analysis of the problem and the solution of the problem.The introduction is the main overview of this article,and introduces the basic research situation of the standardization of sentencing.The first part is the study of the current situation of sentencing.This paper first introduces the background and purpose of the reform of sentencing standardization,and then makes a macro and micro analysis of the current situation of larceny measurement and punishment with the referee documents as the carrier,and then the conclusion that there is still a deviation between the form and the purpose,that is,the standardization of the right of sentencing is not good and the penalty is open to a long way to go.The second part is the specific analysis of the problem,the author from the table to the inside,from the standard to the purpose of the realization,and then to the implementation of the standard two aspects of the reasons for the deviation.The former problem appears in the following three aspects:the practice foundation of the standard theory is not good,the aim is to focus too much on technology,and the scope of standardization is unsuitable.The latter includes the limited influence of the relative independent sentencing procedure,the weak restriction of the sentencing suggestion and the lack of public effect of the document,the main body of the three aspects.The lack of openness now.The third part is the solution to the problem.On the basis of the reasons and solving methods,the author starts from two aspects.First,we should strengthen the foundation of practice by establishing the standard,guide the case to go hand in hand and the standard of sentencing reasoning to solve the deviation of the target to the standard,and then to establish a completely independent sentencing procedure and establish a legal and perfect supervision mechanism.To promote the reform of sentencing reasoning system,we should optimize and standardize the implementation of the effect.Through internal and external methods,we hope to provide feasible solutions to the problems faced by standardization of expectation.The conclusion is to analyze the limitations and possible renewals of the research,including the research materials and research methods.