量刑公正,是现代法治社会的当然追求。但是,在司法实践中,量刑不当的现象时有发生,在很大程度上影响了国家司法权威和公民对法律的信仰。量刑不当与我国刑事司法程序的不健全有密切关系,我国刑事审判中没有专门的量刑程序,量刑监督缺失,裁判文书无需阐释量刑理由。因此,应当通过刑事程序法,建立对法官自由裁量权的合理规制。 Sentencing justice, of course, the pursuit of a modern law-based society. However, in judicial practice, improper measurement of sentencing has occurred to a large extent, greatly affecting the national judicial authority and citizens’ faith in the law. Improper sentencing is closely related to the imperfect criminal procedure in our country. There is no special sentencing procedure in criminal trial in our country, and the supervision of sentencing is absent. There is no need to explain the sentencing grounds in sentencing documents. Therefore, the criminal procedural law should be adopted to establish the reasonable regulation of judges’ discretion.