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量刑程序是实现量刑公正的程序进路,将量刑纳入庭审程序具有重要意义。我国刑事诉讼法继承了大陆法系传统,将定罪和量刑混合在一起,这在某种程度上导致了重定罪轻量刑的认识误区。英美法系国家独立的量刑程序对我国量刑庭审程序的建构具有一定借鉴意义,但在我国现有司法资源基础上,构建相对独立的量刑庭审程序才是理性的选择。
Sentencing procedure is to realize the sentencing process of justice, the sentencing into the trial procedure is of great significance. The criminal procedural law of our country has inherited the tradition of the civil law system and mixed the conviction and the sentencing. To a certain extent, this led to the misunderstanding of the light sentence of the re-conviction. The independent sentencing procedure in Anglo-American legal system has some reference to the construction of sentencing trial procedure in our country. However, based on the existing judicial resources in our country, it is a rational choice to construct a relatively independent procedure of sentencing trial.