中国现行刑事审判制度确立了定罪与量刑一体化的程序模式,法庭通过开庭审理,既解决被告人是否构成犯罪的问题,又解决有罪被告人的量刑问题。这种将定罪与量刑在程序上合二为一的制度设计,否定了法庭对量刑问题进行独立审判的可能性。随着法治建设的进步和文明,在刑事法治领域因量刑不公而引起的司法不 The current system of criminal trial in China has established a procedural model of integration of conviction and sentencing. The court, through trial, not only resolves whether the accused constitutes a crime, but also resolves the issue of sentencing the accused. This kind of system design, which combines conviction and sentencing in a procedural manner, negates the possibility of an independent trial of the sentencing by the court. With the progress of the rule of law and civilization, justice is not caused by unfair sentencing in the area of ​​criminal law