刑罚裁量不仅是刑法理论中的重要问题,也是刑事司法实践中的疑难问题。日本著名的刑法学家团藤重光教授指出:“量刑问题是刑法理论的缩影,它最明显地表现了近代派与古典派的对立。”因为在量刑的时候,既要考虑与已然之罪相适应,又要考虑预防未然之罪的需要;在确立量刑基准的时候,既要考虑报应刑(正义)论的要求,又 Penalty discretion is not only an important issue in criminal law theory but also a difficult one in criminal justice practice. The famous criminal law scientist Tadanogu Tenguang pointed out: “The sentencing issue is a microcosm of the criminal law theory, and it most clearly shows the opposition between modernism and the classical school.” Because when it comes to sentencing, it is necessary to consider both the already existing Sin to adapt, but also to consider the need to prevent sin; in establishing the sentencing benchmark, it is necessary to consider the retribution punishment (justice) theory requirements, and