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The Realization of Sentencing Balance Value from the Standardization of Sentencing Entity

Author: YuZuo
Tutor: MaoLingLing
School: East China University of Political Science
Course: Legal
Keywords: Sentencing standardization Sentencing entity standardization Sentencing balance
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 108
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Abstract


As the porper meaning of sentencing justice and the principle of balance between crime and punishment, sentencing balance includes qualitative equilibrium and mass balance. The two aspects are inseparable. Qualitative equilibrium is the essence and decides mass balance. Mass balance is shown and tests whether qualitative equilibrium come true. The range of measurement of penalty shall be properly set wide fine. Mass balance means that in a certain period, the sentencing of similar cases should be basically the same. It also admits that the appropriate regional and case differences. Say from this meaning, the sentencing balance is a dynamic balance. In order to avoid sentencing imbalance and regulate the sentencing more scientific and effectively, the United States, Germany and other advanced countries have carried out active exploration. China’s sentencing standardization draws lessons from advanced experience. After brewing actively and preliminary pilot, expanding the pilot and positive conclusion, the trial has been conducted for more than one year. From the stage of practice in Fuzhou court, sentencing standardization has obtained certain result.Sentencing standardization includes sentencing entity and sentencing procedure. The two aspects are the organic combination and coordination, and jointly promote the realization of the value of sentencing balance. Sentencing entity standardization has a major impact on sentencing balance value from refinement of the rules, but there are some problems that affects the realization of sentencing balance value: the connection of“sentencing benchmarking”theory and sentencing entity standardization practice is not close enough; there is a practice error that using traditional sentencing method to test standard sentencing method; there are some unreasonable provisions in“the people’s court sentencing guidelines (Trial)”.For this, we should identify the fit beween sentencing benchmarking and sentencing starting point, enhance the link between sentencing benchmarking theory and sentencing entity standardization; out of the practice error that using traditional sentencing method to test standard sentencing method; improve the“people’s court sentencing guidelines ( Trial)”.

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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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