刑事裁量权 ,就是决定被告人刑事责任有无和轻重的权力 ,有人称之为量刑。传统意义上 ,只有人民法院才有权力对被告人定罪和量刑。１９９７年刑事诉讼法关于免予起诉的修改和“未经人民法院依法判决 ,对任何人都不得确定有罪”的规定 ,使得许多人产生错误的认识 :定罪量刑是人 Criminal discretion, that is, decide whether the defendant’s criminal responsibility and severity of power, some people call sentencing. Traditionally, only people’s courts have the power to convict and sentence defendants. The 1997 amendments to the Code of Criminal Procedure concerning exemption from prosecution and the stipulation that “no one shall be guilty of any crime without the judgment of the people’s court” have led many people to make the wrong understanding that the conviction and sentencing are persons