目前,审判公开是我国司法改革的一项重要内容,审判公开必然要求裁判文书的公开。公开裁判文书,便于涉案人员人和社会民众查询,有利于保障公民的知情权,强化对法院审理工作的监督。与此同时,公开裁判文书也引发了一些问题。普通民众和刑事案件的被告人与被害人总是用一种朴素的、直观的比较来判断量刑是否公正,即大体相同的案件,判决结果是否大体相同。而法官量刑时自由裁量的差异会造成同罪不同罚的情况。公众通过公开的裁判文书质疑司法公正,绑架司法,给法官造成一定困扰,不利于我国审判公开改革工作的推进。因此,本文认为量刑个体化与裁判文书公开的冲突有待解决。 At present, the open trial is an important content of judicial reform in our country. The open trial will inevitably require the publication of the referees’ documents. Public referee instruments, to facilitate the people involved in the case and the community inquiries, is conducive to protecting the citizens’ right to information, and strengthen the court’s supervision. At the same time, the issue of open refereeing documents raises some questions. The defendants and victims of ordinary people and criminal cases always use a simple and intuitive comparison to judge whether the sentencing is fair or not, that is, the same general case and the verdict of the verdict are basically the same. However, discrepancies in the discretion of the judge when sentenced to punishment would result in different penalties for crimes of same crime. The public questioning the judicial impartiality and kidnapping the judiciary through open court papers has caused some distress to the judges and is not conducive to the progress of China’s adjudication of the open reform. Therefore, this article argues that the conflict between the individual punishment of sentencing and the disclosure of the judgment instruments needs to be resolved.