确立合理的量刑根据是研究量刑过程的起点。量刑应当以报应的需要为基础,兼顾个别预防需要,即量刑应当以犯罪的严重性为基础,兼顾犯罪人的人身危险性。报应的需要是量刑的主要根据,个别预防的需要是量刑的次要根据,量刑根据的层次性为分阶段量刑提供了理论基础。量刑根据的确立量刑是法官根据一定的事由和标准对犯罪人决定刑罚的活动。这种事由或标准即刑法理论上所说的量刑根据或者量刑基准、量刑基础。量刑根 Establishing a reasonable sentencing basis is the starting point for studying the sentencing process. Sentencing should be based on the needs of retribution, taking into account the needs of individual prevention, that is, sentencing should be based on the seriousness of the crime, taking into account the perpetrator’s personal danger. The need of retribution is the main basis for sentencing. The need of individual prevention is the secondary basis of sentencing. The hierarchy of sentencing basis provides the theoretical basis for sentencing in stages. The establishment of the sentencing basis Sentencing is the judge’s decision to punish criminals according to certain reasons and standards. Such a matter or standard that criminal law theory said sentencing or sentencing basis, sentencing basis. Sentencing root