Author(s)

Cui Shixiu

Corresponding Author

Cui Shixiu

Abstract

Justice of sentencing is an important manifestation of judicial justice in the criminal field, and it is the basic guarantee for safeguarding the dignity of the law, social fairness and justice, and the legitimate rights and interests of citizens. At the same time of achieving many positive results, China's standardized reform of sentencing faces the problems of lack of full-time leading institutions, strict rules on sentencing and the discretion of judges. More than 80 years of sentencing reform practice in the United States has experienced a shift from the rehabilitation function to the penalty function of justice, and witnessed the " Federal Sentencing Guidelines" the mandatory downgrade and sentencing rulings have been under the guise of unconstitutional doubts and effective limits. The judge’s discretion has been reduced and the sentencing balance has been promoted. Reasonable study and reference to the development experience of the US sentencing reform is of great benefit to comprehensively deepening the standardized reform of sentencing in the criminal justice field in China.

Keywords

Sentencing Reform, Judicial Reform, Sentencing Standardization, Comparative Reference