随着司法改革的深入,我国刑事辩护形态呈现多元化特征,量刑辩护也面临新的发展契机。为说服法官作出有利于被告人的裁判结论,辩护律师需以量刑情节为单位提出辩护意见。刑事法学界通常将量刑情节分为法定情节与酌定情节两种,但该分类着眼于静态,需要对法定情节进行立体化重塑、重视酌定情节中的准法定量刑情节。此外,需要尝试提出与量刑辩护这一动态实践过程更为兼容的另一种分类:犯罪时已经存在的情节和犯罪后需积极促成的情节。对已有量刑情节之搜集,做到从消极辩护到积极辩护、从结果证据到过程证据;对新的量刑情节之促成,具有积极辩护的色彩;最后,律师应以量刑情节综合论证为中心来提出辩护意见,实现有效的量刑辩护。 With the deepening of judicial reform, the form of criminal defense in our country presents diversified features, and the sentencing of sentencing is facing a new opportunity for development. In order to persuade the judge to make a referee conclusion in favor of the defendant, the defense lawyer shall provide his defense opinions on the basis of the sentencing circumstances. Criminal jurisprudence usually divides the circumstances of sentencing into two kinds: legal episodes and discretionary episodes. However, the taxonomy focuses on the static state and requires a three-dimensional reconstruction of the legal episodes and pays attention to the quasi-quantitative sentencing episodes in the discretionary episodes. In addition, there is a need to try to come up with another category that is more compatible with the dynamic practice of sentencing: the already existing episodes of crime and the ones to be actively contributed after the crime. The collection of the sentencing plot from the negative to the active defensive, from the evidence to the evidence of the process of the outcome of the new sentencing contributed to a positive defensive color; Finally, the lawyer should be sentencing summary of the argument as the center Put forward their opinions on defense and realize an effective sentencing defense.