英文摘要 |
Collective sentencing tendency refers to the consistency in sentencing decisions exhibited by a group of judges within a certain jurisdiction. This tendency can arise either from the judges' collective rational decision-making based on the purpose of punishment and the judicial environment or from conformist imitation based on social learning. An empirical study of sentencing in six types of criminal cases handled by 16 grassroots courts in Beijing found that ''differences in the courts handling the cases'' could explain a significant part of the variability in sentencing. The impact of this factor on sentencing for many types of crimes was notably greater than that of '' differences in the judges handling the cases''. Moreover, factors like the economic development status, public security situation, and judicial environment within the jurisdiction could not explain most of the sentencing discrepancies. Therefore, conformist imitation based on social learning is the main reason for the formation of collective sentencing tendencies. Future reforms in sentencing standardization should shift the focus from individual sentencing decisions to collective tendencies. This shift requires breaking through the singular perspective of individual judges' discretion, being wary of the conformist pressure in judicial subcultures, and aiming to achieve macro-level sentencing balance and justice. |