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A Tentative Study on the Dual Approach to Substantive Standardization of Sentencing-Quantitative Analysis and Case Guidance

Author: HuoMin
Tutor: XuSongLin
School: South China University of Technology
Course: Criminal Law
Keywords: substantive standardization of sentencing dual approach accuracy quantitative analysis vagueness case guidance
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 69
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Abstract

The present study is intended to explore the sentencing reform featuring substantive standardization and dedicated to an insightful interpretation of the reform. Since the Supreme People’s Court implemented the Guidelines on Sentencing by People’s Courts, the courts across the whole country have successively switched from the“estimation and inference”approach to the quantitative approach in pursuit of accuracy in sentencing. The new sentencing standardization scheme aided by natural science including mathematics has been in the trend of seeking accuracy since its birth, which renders itself error-prone and undermines its own purpose.We applies the plotting scale theory relating to cartography to the present study and avail ourselves of statute support from the Rules Concerning Case Guidance recently promulgated by the Supreme People’s Court, probing into the dual approach to sentencing reform which is driven by both the accuracy-oriented quantitative analysis and the vagueness-focused case guidance. Under the framework of the dual approach, the present study first expounds on the relations between the substantive standardization of sentencing and the discretion of judges, penalty individualization, criminal policies, and such social parameters as economic development, democracy progress, customs and traditions, social stability, etc. Afterwards, the present study investigates into the development room of the dual approach. Our conclusion is that the sentencing reform gives rise to the dual approach by which we reflect on the methodology of judicial reform in return; the reform should not serve the mere purpose of accuracy and thus resort to a unitary approach; restructuring of the traditional practice may bring new impetus and thus further and deepen the reform process. If our reflections are found to be conducive to the judicial reform, credit should be given to the dual approach

A Tentative Study on the Dual Approach to Substantive Standardization of Sentencing-Quantitative Analysis and Case Guidance

Abstract

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