| The fact that there are numerous possible combinations of various kinds of legal sentencing circumstances in one specific case, but no clear regulation on sentencing in multi-circumstance cases has led to the uncertainty of sentencing in these cases. This author takes 140,000 traffic accident cases as sample and carries out deterministic test on them. The results show that the degree of determinacy of sentencing can be increased from 30.5% to 51.1% by controlling the scope of legal sentencing circumstances. On the basis of controlling the scope, the degree of determinacy can be further increased from 51.1% to 73.4% by controlling the degree of sample discretization. This sentencing model can be used to predict the sentencing of individual cases, and to push forward the realization of judicial justice. In this process, judges are not the objects to be pushed, but the main body of collective experience that promote judicial justice by complementing and learning from each other. This sentencing model can also provide a new means and basis for the superior court or the parties concerned to carry out legal supervision over the sentencing quality of courts at all levels. This study shows that the use of judges' collective experience to guide sentencing is the basic guarantee for improving the determinacy of sentencing. Paying close attention to judges' collective experience means using experience to calibrate experience, using discretion to regulate discretion, and using independent trial to restrict independent trial. |
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