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定罪证据与量刑证据有不同的制度逻辑,法官在定罪量刑不能独立分离的审判程序中使用相同的证据规则处理定罪证据和量刑证据,不利于量刑证据信息的获取,更有可能导致法官自由裁量权的滥用。量刑证据制度需要在独立于定罪程序的量刑程序中构建,充分吸收多方厉害关系人的参与证明。同时由于量刑程序同定罪程序诸多差异,相应的其证明规则在许多方面必定也存在着差异,需要实践和理论的不断探讨和完善。
The evidence of conviction and the evidence of sentencing have different system logic. Judges can use the same rules of evidence in conviction and sentencing to handle evidence of conviction and sentencing in trial procedures where conviction and sentencing can not be separated independently, which is not conducive to the acquisition of sentencing evidence and is more likely to lead to the discretion of judges Abuse. The system of sentencing evidence needs to be constructed in a sentencing process independent of the conviction process and fully absorbs the participation testimony of many powerful people. At the same time, due to many discrepancies between the sentencing procedure and the criminal procedure, the corresponding rules of proof must also be different in many aspects and need continuous exploration and perfection of practice and theory.