Sentencing Is Included In The Court Proceedings &Nbsp; Standardizing The Judge'S Discretion.

In October 1st, the purpose was to regulate the punishment of judges.

Conviction and sentencing are two basic links in criminal trial.

"Standardizing discretionary power and incorporating sentencing into court proceedings" (referred to as "standardization of sentencing reform") is an important part of China's judicial system reform.

Since last June 1st, more than 120 courts across the country have carried out the standardization of sentencing.

The Supreme People's court has chosen 15 kinds of common and frequent traffic accidents, intentional injury, robbery, theft and drugs to carry out sentencing norms.

Dai Changlin, President of the three Court of the Supreme People's court, said, "these criminal cases account for about 90% of the criminal cases in the basic courts. The sentencing of these cases is standardized, and the sentencing of most cases is standardized, and it can provide experience for the standardization of sentencing of other crimes."

Xiong Xuanguo, vice president of the Supreme People's court, admitted that the lack of a scientific and standardized sentencing method is an important reason for the phenomenon of "different cases in the same case".

According to the introduction, the basic steps of sentencing standardization are divided into three steps: first, determine the starting point of sentencing according to the basic criminal facts according to the basic criminal facts; secondly, according to other criminal facts, such as the amount of crime, the number of crimes, the consequences of crime and so on, increase the amount of penalty based on the starting point of the sentencing to determine the benchmark penalty; finally, regulate the benchmark penalty according to the circumstances of sentencing, and comprehensively consider the whole case, and determine the declared penalty according to the law.

Xiong Xuanguo said: "sentencing normalization" is not "completely limited" judge discretion, but "standard" judge discretion, is a better protection for judges.

Because of the standard of sentencing, there are other adjustment standards, that is, the common understanding of judges exercising their discretion has been fixed for a long time.

The right of discretion is reflected in this place.

If the sentencing result is really inappropriate, the judge also has certain adjustment power. "

"Sentencing reform makes sentencing activities from" estimated heap "to quantify, from ambiguity to clarity, from difficult assessment to estimation, so that the practicability and operability of sentencing work is greatly enhanced.

Wang Delu, President of the Zichuan District Court in Zibo, Shandong, said that the standardization of sentencing has also better implemented the criminal policy of temper justice with mercy, and achieved the goal of "Leniency and strictness, with a sense of leniency and strictness".

The reform pilot makes the sentencing more impartial and balanced.

According to incomplete statistics, there are more than 4.5 cases of 15 accusations in the national pilot court.

The overall sentencing situation remained balanced before and after the trial, and the sentencing between cases and regions was more balanced.

Xu Xin, a professor at Southwest University of Political Science and Law, said that sentencing reform has solved the problem of "different cases of different cases".

Dai Changlin introduced that the quality of sentencing has also been significantly improved through pilot projects.

The rate of appeal, the rate of protest and the retrial of the second instance generally declined, and some courts also appeared "zero appeal, zero protest, zero petition".

Hubei provincial pilot court applies sentencing standardization to 2405 cases of 3129 cases, including 193 appeals, 37 cases of second instance, and no complaint or petition.

Xu Songlin, vice president of Law School of South China University of Technology, believes that China's court debate has long been "convicted and sentencing", and it is difficult for others to participate in sentencing after conviction.

But the most important thing for defendants is specific sentencing, and sentencing is also prone to judicial corruption.

Now, both the prosecution and the defense have expressed their opinions on sentencing, and the court has commented on sentencing, thus manifests judicial democracy and judicial openness.

The introduction of sentencing recommendations by procuratorial organs is a major highlight of reform.

In the trial, prosecutors of the procuratorial organ put forward suggestions for sentencing, including the types of punishment imposed on the accused, the scope of the penalty, the mode of execution of the penalty and the reasons and basis.

Zhang Yimin, director of public prosecution of Guangdong provincial Procuratorate, said that the reform clearly defined and guaranteed the procuratorial organs' sentencing suggestion power, which could effectively reduce unnecessary complaints, help enhance the openness and pparency of sentencing, and is conducive to the fair sentencing of the people's court.

It is an important part of reform to introduce sentencing into court proceedings and establish relatively independent sentencing procedures.

On the one hand, it allows and organizes public prosecutors, parties, defenders and agents to issue sentencing opinions on sentencing issues.

On the other hand, in the phase of court investigation and court debate, the relative independence of sentencing procedure is guaranteed.