The Judicial Sentencing Standardization Research Under The Big Data Perspective

The birth of the reform concept of sentencing standardization can be likened to a chemical reaction in terms of the process.This chemical reaction contains an inducement and a catalyst,and the inducement refers to the accumulation of the sentencing guidelines for individual crimes.Before 2012,the scope of sentencing norms and guidance was mostly limited to crimes against state security,endangering social rights and interests and individual rights of citizens,etc.,and most of them were judicial interpretations or annual typical cases.After 2012,although the scope of sentencing guidance gradually expanded to the property crime,the number of charges accumulated,a variety of names,but still no general outline of these charges can play a role in outlining the sentencing norms,which provides a trigger for the production of sentencing standardization.And catalysis,that is to speed up the standardization of the conditions,is to build a country under the rule of law penalty mitigation trend.The development of social life and the content of threatening legal interests have changed,which inevitably requires the penalty focus to make corresponding changes,on the basis of "strict",the penalty trend as a whole tends to moderate.This procedure and entity on the dual requirements,incentives and catalysis,sentencing standardization came into being.Compared with other countries,China’s litigation structure is more complex and closely interlinked among departments.Therefore,the reform of sentencing standardization involves more factors and requires more difficulties to be overcome.At present pilot look,had many problems to appear.The first problem of inertia,the author of sentencing specification range calculation,found that the so-called "norm" is the interval value of criminal penalty and narrowed a certain value,the median or mean the courseware,in the actual operation of limited significance is not obvious,this leads to the judge in the case,still exist in accordance with the trial experience directly,standardize the meaning is not obvious.Secondly,the legal status of sentencing norms,what is its legal origin,whether there is a need for systematization and departmental law after the pilot,or in the form of guiding documents in accordance with judicial interpretation? Finally,whether the standardization of sentencing will obscure the issue of personalized,here is the most controversial point.The author extracted and analyzed the data of the pilot areas,respectively produced the trend of sentencing in recent years,and carried out a comparative study.At the same time,two models are designed,one is to explain the operation of sentencing standardization,and explain the mode of sentencing standardization in practical operation,as well as the dynamic operation process.The other takes the mobius ring [here the mobius ring is the same concept as the mobius band,which tends to be a physical model,and the mobius band is therepresentation of the mobius band,which belongs to the same concept].In order to explain the systematization of the sentencing standardization in the research model,the author hopes to provide feasible Suggestions for the improvement and development of the sentencing standardization in the future through this empirical research method focusing on modeling.