近年来,刑事自由裁量权尤其是量刑自由裁量权成为学术界和实务界关注的新“焦点”。主要集中在量刑自由裁量权究竟应当被限制在何种范围之内以及应当采用什么样的方法规范。本文认为,引起这种现象本质上的原因是当下社会法制观念的日益深入人心和刑事司法发展进入了新的阶段,也是我国向“法治”国家迈进的显著标志。 In recent years, the criminal discretion, especially the discretion of sentencing, has become the new “focal point” of concern for academics and practitioners. It mainly focuses on the extent to which sentencing discretion should be limited and what kind of method should be adopted. This article argues that the essential reason for causing this phenomenon is that the current concept of social legal system has become increasingly popular and the development of criminal justice has entered a new stage. It is also a significant symbol of our country’s progress toward the “rule of law” country.