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现有法律制度下,中国法院“重定罪、轻量刑”的传统观念,导致律师界“重无罪辩护、轻量刑辩护”的现象普遍存在。量刑辩护没有受到应有的重视,纳入量刑程序的法庭审理程序,依然矛盾重重,影响量刑辩护的有效发挥,不利于被告人合法权利的维护,也严重挑战了司法的公正性。因此,重新审视我国相对独立的量刑程序,构建科学的量刑辩护程序及配套措施,显得非常必要。
Under the current legal system, the Chinese court’s traditional concept of “re-conviction and light-handed punishment” has led to the widespread phenomenon in the lawyer community of “pleading not guilty of innocence and defending a lighter sentence”. Sentencing pleading did not receive the attention it deserves, and the procedure of court trial, which includes the sentencing procedure, is still contradictory and affects the effective execution of sentencing. It is not conducive to the defendants’ legal rights, but also seriously challenges the justice of the judiciary. Therefore, it is very necessary to review the relatively independent sentencing procedure of our country and construct a scientific sentencing procedure and supporting measures.