The Same Case Should Be Judged By The Same National Court.

In September 16, 2010, the Supreme People's court decided to National Courts Comprehensive trial of criminal cases Sentencing norms The purpose of the reform is to further standardize sentencing activities, standardize the discretion of judges, and incorporate sentencing into court proceedings, and introduce sentencing recommendations to enhance openness and transparency of sentencing. The basic idea is to proceed from both substantive and procedural aspects. In the aspect of entity, we should change the traditional "heap" sentencing, define the sentencing methods and steps, and quantify the sentencing mechanism. In the aspect of procedure, changing the convictions and sentencing procedures into one, the sentencing will be included in the court trial procedure, and the independent sentencing procedures should be established and perfected. As a guiding document for reform, the guiding opinions on the sentencing of the people's Court (Trial Implementation) and the opinions on Several Issues Concerning Standardizing sentencing procedures (Trial Implementation) have been fully tried since October 1, 2010. "Sentencing guidance" has made clear the adjustment range of 14 common sentencing circumstances, such as juvenile offenders, attempted offenders, voluntary surrender and meritorious service. It has chosen 15 kinds of crimes such as traffic accidents, intentional injury, robbery, theft and narcotics, which are common and frequent.

Comment:

Present Penalty system for execution It is the goal of standardized sentencing reform to make the sentencing justice and meticulous in the case of relatively extensive, large scope of statutory penalty and relatively large discretion. From the previous pilot work, the appeal rate, protest rate and petition rate of the criminal cases in the pilot courts generally declined significantly. The rate of pleading guilty in court, the rate of conciliation and withdrawal, the rate of refund of stolen goods, the rate of judgment in court and the rate of appeal were significantly increased. This gives people full expectation for the standardized reform of sentencing.