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The Theory of Sentencing Standardization

Author: LvHuiZi
Tutor: LiWei
School: Dalian Maritime University
Course: Criminal Law
Keywords: Sentencing standardization Criminal procedure Benchmark punishment Judicial operation
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 171
Quote: 2
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Abstract


Regulating sentencing and reducing sentencing disparities or imbalances are worldwide problems. In recent years, different sentencing scales of different courts make the problem that the same case achieves different penalties. Especially after the criminal policy of temper justice with mercy has been issued, regional sentencing differences become more and more serious. Therefore, our country has put the reform of sentencing standardization into the key work of third five-year reform program of the court. The achievement of the purpose of criminal law which is the most severe one enacted by our nation and the degree of its enforcement depend on the application, in other words, whether the court can give good standardization of sentencing or not.Sentencing standardization is an important step which is relevant to the rights of citizens and legal persons, justice and social stability, so it has a very important sense of the theory and the reality for the active quest of the sentencing standardization. In-depth studying sentencing standardization is benefit for improving the judicial efficiency, defending the justice and the authority of the law. Also, it is help to build a socialist country ruled by law.This article uses many methods of researching, such as the literature study, the case study, empirical research, the exploratory research, and the experience method. By researching the sentencing standardization, it can analyze some specific problems of the operation in practice. Finding these problems can promote the reform of sentencing standardization. Therefore, this article starts with the concept of the sentencing standardization, and then it makes its definition, content and the theoretical basis. It analyzes the Guide of Measurement of Punishment of U.S.A. and the sentencing procedures of UK and their reference value of the sentencing standardization of our country. Combined with the sentencing standardization’s state of development, this article discusses value orientations of the sentencing standardization. Those are regulating the procedure of the whole criminal lawsuit, achieving punitive justice, defending the authority of the law and the credibility of justice.While affirming values of the sentencing standardization, this article analyzes the problems of the operating course, and makes some reasonable proposals. Also, it emphasizes that the reform of sentencing standardization must be closely combined with the legislation and the judicial interpretation of our country. We should put our research into the legislation and the judicial interpretation timely and effectively.

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