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BEIJING, Sept. 16 (Xinhua) -- After several similar criminal cases led to greatly varying punishments triggering public concerns, Chinese courts are adopting a series of measures to ensure uniform standards for sentencing criminals.On Oct. 1, two documents that instruct judges on uniform procedures for sentence measurements will be put into use in all Chinese courts, which is said to be a "major reform" for the country's legal system regarding criminal prosecution.According to the new procedures, courts should first set up a penalty baseline for a criminal case based upon basic criminal facts. Then additional punishments will be added according to the amount of money involved, the frequency of the defendants' violations, the consequences and other factors. At last, courts will adjust the results considering the case's overall nature and issue a final sentence.The move came after a series of similar drunk driving cases that led to greatly varying punishments.In July 2009, the Intermediate People's Court of Chengdu in southwestern Sichuan Province sentenced a drunk driver named Sun Weiming to death following an auto accident in which he was driving without a license and killed four people. In the second trial, the verdict was changed to life imprisonment.Sun's case was deemed as a crime against public security.However, one month later another drunk driver in central China's Henan Province only received a jail term of six years and six months for killing six and injuring seven people.That case was ruled to be a traffic accident crime."(The reform) is of significant importance for regulating judicial actions, providing uniform standards for law applications, promoting righteous and uncorrupted justice and boosting the authority and credibility of the country's courts," said Wang Shengjun, president of the Supreme People's Court (SPC), at a Thursday meeting."The Criminal Law only lays down a very wide range of sentences for certain types of crimes, and thus it is very difficult for prosecutors to give a specific sentence based on that," said SPC vice president Xiong Xuanguo in an exclusive interview with Xinhua Thursday.Xiong noted that different judges, given their different knowledge, manners and experience, will also have varied views on the same case.According to the documents, another major change is to introduce advice on sentence measurements from procuratorate organs, including the types and scopes of punishments and how to implement them.Also, courts are allowed to organize public prosecutors, parties involved, their defenders and legal representatives to offer their own advice on sentencing measurements.With the introduction of sentencing measurement advice from defenders, legal representatives and other parties involved, the new rules were expected to balance judges' considerable powers of discretion, said Professor Chen Weidong with the Renmin University of China.According to the SPC, since June last year more than 120 pilot Chinese courts have already been following the new procedures when prosecuting 45,000 criminal cases in 15 regular categories, including traffic accidents, robbery, theft, and drugs, among others.The trial practice has seen positive results as sentences among cases of similar natures and those in different regions were not as varied as before.The rate of appeals and change of sentences in second trials also dropped in these courts, according to Xiong.Meanwhile, Xiong sought to assure those concerned that the new rules would not excessively limit judges' powers as "the standards for sentence measurements, themselves, were made based on all prosecutors' discretion." < "If the measurement results are not appropriate, judges will still have the right to make certain adjustments," Xiong said, adding that local courts will also set down detailed sentence measures according to the characteristics of their regions."The reform is an inevitable process for China's criminal prosecution to transform from rough estimation to precise, scientific and canonical," Professor Chen said.
SHANGHAI, Oct. 7 (Xinhua) -- The Shanghai municipal government issued new rules Thursday limiting families to one new apartment purchase, as the nation tries to curb property speculation and soaring prices."One family in Shanghai, whether local or immigrant, can only buy one new home, including a second-hand one, for the time being," said a circular released by the municipal government.The new rule came into effect Thursday. The Chinese capital, Beijing, introduced the same measure on April 30.Shanghai authorities also ordered banks to suspend loans for third-home buyers and non-local buyers who could not prove they had paid personal income taxes or made social security contributions in the city for at least one year, the circular said.Local authorities would also start preparing for the introduction of a property tax, it said, without providing further details.A land-appreciation tax of 5 percent on the selling price would also be imposed on property developers if they sold residential buildings at an average price that was more than twice the average price of the previous year in the same area.Shanghai's new rules follow a series of measures announced by the Chinese central government in late September to check soaring property prices.The measures included the suspension of bank loans for third-home purchases in the near future and an adjustment in down payments for all home buyers.All home buyers will have to pay a down payment of at least 30 percent of the purchase price, according to the new rules.Previously, according to rules issued on April 17, only first-time buyers purchasing an apartment covering more than 90-square-meters had to pay a 30 percent down payment.On the same day, sources within several departments of the central government told Xinhua that property tax pilot programs will be stepped up and then extended across the entire country.