定罪的准确与量刑的适当是现代法治社会对整个刑事审判工作的衡量标准。然而,长期以来,我国在“重定罪、轻量型”传统思想影响下,忽视量刑问题。量刑不公引发司法不公、司法公信力下降等问题日益引发法学界和实务界的关注,一些典型案例量刑的公正性遭到社会公众的质疑。究其原因,主要是现行量刑模式缺乏一个良好的程序制约,法官自由裁量权滥用的可能性大,难以保证量刑的公正。近年来,量刑规范化改革的呼声越来越高,构建独立量刑程序成为解决量刑不公问题的主流观点。 The accuracy of conviction and the appropriateness of sentencing are measures of the entire criminal trial in modern society under the rule of law. However, for a long time, our country ignores the issue of sentencing under the influence of the traditional concept of “re-conviction and light-weight”. Unfair sentencing leads to unfair judiciary, the declining credibility of the judiciary and other issues have increasingly aroused the attention of jurisprudence and practitioners, the sentencing of some typical cases of fairness has been questioned by the public. The reason is that the current sentencing model lacks a good procedural constraint and judges are more likely to abuse their discretionary power and it is difficult to guarantee the fairness of sentencing. In recent years, the demand for standardization of sentencing is getting louder and louder and the establishment of an independent sentencing procedure has become the mainstream point of view to solve the problem of unfair sentencing.