On Moderate Quantization of Conviction and Sentence
Xie Yinq · Journal of Fuqing Branch of Fujian Normal University · 2013
In 2010 the Supreme People's Court released Law No. [2010]36, Sentencing Guidelines(Trial); Jiangsu Province Higher People's Court formally adopted Sentencing Guidelines in 2004; in 2010 Shanghai Municipal Higher People's Court Trial Sentencing Guidelines was enacted; in 2004 Shangdong Province Zibo City Intermediate People's Court enacted Quantitative Sentencing Rules. Many believe quantization of sentencing is a wrong practice which has deviated from the spirit of law and refused to accept the mathematical way of conviction and sentencing. However, it is unavoidable that precise sentencing has been given increasingly more importance now in China. The reason is, along with the progress legalization, more and more people have realized that decision-making related to justice and freedom shall be subject to objective and rational sentencing instead of being left solely to the judge's discretion. The author suggests that quantization of sentencing is an important step in the process of legalization; a mathematical way of decision making injects new blood to criminal law theory, hence establishment of a quantization system for criminal sentencing is the foremost important step.