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量刑规律是量刑理论问题无法绕开的核心命题,其意义在于对量刑活动的核心提示和目标指引。量刑规律的基本表现形式为:以社会危害当量决定的基准刑为中轴,拟制宣告刑随着具体个罪的量刑要素及量刑情节所归结的量刑比例的变化而上下波动。从逻辑角度而言,量刑规律可划分为内核性量刑规律和外延性量刑规律两种;就其演化及运行来看,可分为本质的量刑规律、规范的量刑规律、实然的量刑规律。这些划分有助于在一定层面上推进人们对量刑理论体系的深层次理解。
The law of sentencing is the core proposition of the theory of sentencing that can not be bypassed. The significance of sentencing lies in the core reminder and goal guidance of sentencing activity. The basic manifestations of the sentencing law are as follows: the benchmark sentence determined by the social hazard equivalent is the center axis, and the proposed sentence of imprisonment fluctuates up and down with the sentencing factors of specific crimes and the proportion of sentencing due to the sentencing circumstances. Judging from the logic point of view, the law of sentencing can be divided into two kinds: the core law of sentencing and the law of extensibility sentencing. For its evolution and operation, it can be divided into the essence of sentencing law, the normative sentencing law and the actual sentencing law. These divisions help to promote people’s deep understanding of sentencing theoretical system to a certain extent.