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量刑公正是刑事司法所追求的终极目标,全面、精准界定量刑公正之内涵系司法机关提升司法权威与公信力、当事人服判息诉之基本前提。根据公正的评价标准,结合刑罚理论,具体阐释量刑公正的内涵,即:在立法层面,被告人的个体身份状况及行为的危害结果系量刑的决定因素,矫正被告人人身危险性并努力恢复至原有权利状态的成本系量刑的重要因素;在司法层面,法院认定的诉讼案件事实与客观案件事实具有一一映射关系,且法院应及时认定;在立法和司法层面,平等对待原则应被自始至终遵守。
The justice of sentencing is the ultimate goal pursued by criminal justice. The connotation of defining the sentencing justice comprehensively and precisely is the basic premise that the judiciary enhances the judicial authority and credibility, and the parties accept the judgment of interest and interest. According to the impartial evaluation criteria and the theory of penalty, the connotation of sentencing justice is explained in detail: that is, at the legislative level, the individual status of the accused and the harmful result of the act are the decisive factors in sentencing the sentence, rectifying the personal danger of the accused and trying to restore to The cost of the original state of rights is an important factor in the sentencing. At the judicial level, the lawsuits found by the court have a one-to-one mapping relationship with the facts of an objective case, and the court should recognize in time that the principle of equal treatment should be made from start to finish comply with.