An Empirical Study On Sentencing Standardization Of Crime Of Obstruction Of Public Service

The crime of obstructing official business is a crime with high frequency in daily life.Due to the various factors that affect the sentencing of this crime,there are more or less problems in practice,which is easy to cause the injustice of penalty discretion,and then affect the standardization process of sentencing.Therefore,this paper collected a total of 556 criminal judgments in Gansu Province from 2017 to 2020 through China Judicial Document Network,and conducted data collation and analysis according to the substantive and procedural factors affecting the sentencing of the crime of obstructing the official business,in the hope of contributing to the standardization of the sentencing of the crime of obstructing the official business in Gansu Province.The structure of this paper is as follows:Introduction: As there is a gap between people’s law-abiding consciousness and the level of social management by law,a large number of criminal cases against public affairs have appeared in social management activities.Domestic researches mostly focus on the conviction of the crime of obstructing official duties,but there are few researches on the standardization of sentencing,especially in the regional scope.Therefore,this paper collects the sentences of the crime of obstructing public affairs in Gansu Province to study the standardization of sentencing,and briefly introduces the sampling process of the samples of the sentences,the distribution of the sentences,the trial procedure and other basic information.Finally,it points out the innovation and insufficiency of this paper.Chapter One: This chapter analyzes the standardization of the sentencing of the crime of obstructing official business from the point of view of statutory sentencing circumstances.In practice,the circumstances of surrender,confession,recidivism,accomplice and so on have uniform sentencing considerations,while the unclear definition of "attacking police behavior" leads to great differences among cities(states)in the sentencing considerations of this circumstance.Chapter Two: This chapter analyzes the standardization of the sentencing of the crime of obstructing the official business from the perspective of discretionary sentencing circumstances.Due to the lack of a relatively uniform standard for the damage consequence,the attitude of the perpetrator before and after the crime,and the remedial measures taken,there are great differences in the consideration of the discretionary sentencing circumstances among cities(states).Chapter three: This chapter analyzes the standardization of sentencing for the crime of obstruction of public service from the point of view of the application of lenient system.Cities(states)in Gansu Province need to further standardize the discretion of judges to "lenient" in cases of confession and punishment.Chapter four: This chapter analyzes the standardization of the sentencing of the crime of obstructing official business from the point of view of the application of sentencing suggestion system.Different cities(states)in Gansu Province have different preferences and accuracy for the application of sentencing suggestion system,and the high adoption rates of judicial organs may inhibit the subjective initiative of judges,which is not conducive to the standardization of sentencing in essence,and should be further improved.Chapter five: This chapter summarizes the problems existing in the sentencing of the crime of obstructing public affairs in Gansu Province,and puts forward the author’s suggestions for reference to the detailed provisions of the standardization of the sentencing of the crime in otherprovinces.