| Although studies on sentencing guidelines are abundant in China, no empirical research has been carried out to quantitatively evaluate the actual effects of the guidelines. As a result, the existing doctrinal researches are unable to provide the legislative techniques necessary for the improvement of the guidelines. This article empirically examined the judicial practice of sentencing guidelines through the lens of crime of theft. The Stata empirical analysis shows that the effect of mitigating circumstances is generally weaker than that of aggravating circumstances in the sentencing of fixed-term imprisonment. Moreover, the sentencing guidelines failed to provide sufficient guidance on fines. On the basis of the above analysis, this article draws on the legislative techniques of the British and American sentencing guidelines, and put forward suggestions for improving the sentencing guideline system in China. Firstly, the starting point for sentencing should be determined as a specific point instead of a range; secondly, the decisive role of the marginal amount should be reduced; thirdly, when determining the benchmark sentence from the starting point, the amount should be considered together; fourthly, in the arrangement of sentencing factors, those relating to retribution should be determined before those relating to deterrence, so as to limit the final sentence under just deserts; and finally, it is necessary to strengthen the guidance on fines and to ensure that the fines, taken together with other sanctions imposed, are punitive in nature. |
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