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随着社会的进步和群众法治意识的增强,一些热点案件如何量刑引起社会各界的广泛关注,使得量刑规范化从幕后走上了前台,但也使审判实践中行使自由裁量权的规范性,以及在量刑过程中产生的一系列问题受到公众质疑。目前个别刑事案件量刑畸轻畸重,社会公众对此反映强烈,使人民司法审判的公信力和权威性受到影响。本文试从量刑规范化改革现状,并结合法官自由裁量权的行使中存在的问题作简要分析,望有助于量刑规范化的实施。
With the progress of the society and the enhancement of people’s consciousness of the rule of law, how to measure the penalty of some hot cases has aroused widespread concern in all circles of society, which has standardized the measurement of sentencing from behind the scenes, but also made the normativity of exercising discretion in trial practice. A series of questions arising from the sentencing process have been questioned by the public. At present, the penalties of individual criminal cases are extremely serious, and the public has strongly responded to this, which has affected the credibility and authority of people’s judicial trials. This article tries to analyze the status quo of the standardization of sentencing and briefly analyzes the problems existing in the exercise of the discretion of the judges in the hope of helping the implementation of the standardization of sentencing.