量刑規(guī)范化改革下月全國推行
本報(bào)三亞9月16日電 (記者郭景水)今天上午，全國法院量刑規(guī)范化改革工作會(huì)議在三亞市召開。
中央政法委副秘書長王其江，最高人民法院黨組副書記、副院長張軍，最高人民法院黨組成員、副院長熊選國，海南省委常委、政法委書記肖若海，海南省高級(jí)人民法院黨組書記、院長董治良出席會(huì)議。
會(huì)議透露，最高人民法院決定從10月1日起，在全國法院全面試行量刑規(guī)范化改革。
會(huì)議確定本次量刑規(guī)范化改革的基本思路是：從實(shí)體方面和程序方面著手，雙管齊下。在實(shí)體方面，改變傳統(tǒng)的“估堆式”量刑，明確量刑的方法和步驟;將量化引入量刑機(jī)制，確立“定性分析和定量分析相結(jié)合”的量刑方法，統(tǒng)一法律適用標(biāo)準(zhǔn)，規(guī)范法官裁量權(quán)。在程序方面，引入量刑建議。改變以往定罪程序和量刑程序混為一體的做法，將量刑納入法庭審理程序，建立和完善相對(duì)獨(dú)立的量刑程序。
會(huì)議由最高人民法院主辦，海南省高級(jí)人民法院、三亞市中級(jí)人民法院協(xié)辦。
中央政法委、全國人大常委會(huì)、最高人民檢察院、國家公安部、安全部、司法部等相關(guān)部門領(lǐng)導(dǎo)應(yīng)邀參加會(huì)議。全國各高級(jí)人民法院主管刑事審判工作的副院長、刑庭庭長，各省會(huì)城市、計(jì)劃單列市中級(jí)法院院長，以及部分量刑規(guī)范化試點(diǎn)工作法院的院長共180多人參加會(huì)議。(來源：南海網(wǎng)-海南日?qǐng)?bào))
Guidelines make sentences more transparent, standardized
By Wang Jingqiong (China Daily)
http://www.chinadaily.com.cn/china/2010-09/17/content_11314707.htmUpdated: 2010-09-17 07:33
Comments(1)PrintMailLargeMediumSmallSANYA, Hainan - Judges across the country are urged to follow more specific and strict standards while meting out sentences for criminals, and listen to advice from prosecutors, lawyers and victims on the sentence, according to a guidance the top court issued on Thursday.
The guidance, to be implemented on a trial basis across the country on Oct 1, standardizes punishments and makes them more transparent. Before, the sentences were the judges' decisions, based on laws with a wide range in penalties.
The guidance gives specific basic sentences for 15 types of charges, including traffic offenses, intentional injury, robbery, theft and drug dealing. These charges take up about 90 percent of all criminal charges in the country, according to the top court.
According to the guidance, a prosecutor, as well as the defendant's lawyer, are authorized to advise the judge on a defendant's sentence.
The judge has to listen to both sides' advice or debate, and make a final decision by the following three steps, according to the guidance.
First, after the basic sentence for the charge is established, the judge should add to the penalty according to the circumstances. Finally the judge should add or reduce the sentence taking into account 14 possible scenarios for the accused, such as if he or she is a minor.
For example, for a person who rapes a woman one time, the basic sentence is between three and five years. If the person rapes more than one woman or is a recidivist, the sentence should be increased. However, if the person confessed to the crime, the sentence can be reduced.
The guidance stipulates that if a person confesses, the sentence should be reduced by 40 percent. If one gets the victim's forgiveness, the sentence can be reduced by an additional 20 percent.
"China had no such detailed and mathematic base for discretion of punishment before," said Xiong Xuanguo, deputy chief judge of the Supreme People's Court (SPC).
Many problems existed in the discretion of punishment before, especially when the same accusation got different sentences in different courts. Also many people tried to bribe judges for less punishment, Xiong said.
The country's Criminal Law usually gives a wide range for sentencing a convicted criminal, which sometimes can result in a difference of 10 years in jail, he said.
"This is a milestone for China's legal reform," said Dai Changlin, a criminal court judge from the SPC. "To some extent, it reduces the power that judges once had in sentencing. However, we don't see it as limiting judges' rights, but standardizing and regulating sentencing."
Some judges were against the reform, arguing that giving the procurators the right to advise on the sentencing challenges the judges' authority.
"However, after we conducted experiments in more than 120 courts since last year, more judges tend to accept the new procedure now, mostly because defendants would be more convinced of their sentences," Dai said.
Lawyers welcome the new guidance as they see it as a solid base for them to ask for less punishment for their clients.
"Lawyers argued with judges on sentencing quite often, but such a practice actually lacks legal backing," said Tang Hongxin, a lawyer from the Beijing-based Yingke Law Firm.
"If this sentencing standardization is fully implemented, I can be more confident asking for light sentences for my clients," Tang said.
Chen Weidong, a law professor with Renmin University of China, said conviction and sentencing have been complicated issues for a long time in China.
"Courts usually pay more attention to convictions and ignore sentencing, but the accused and the public care more about sentencing," he said. "The new guidance might be a prelude to separate conviction and sentencing phases in trials."
Cao Yin contributed to this story.
