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长期以来,我国法官根据依法查明的犯罪事实,依照法律和司法解释的规定进行量刑,总体是公正的。但由于缺乏统一的量刑规范和科学的量刑方法,法官主要靠长期积累的量刑经验,对具体犯罪行为的社会危害性认识,考虑各种量刑情节,确定对被告人应当判处的刑罚。采取这种方法量刑,主观性较大,不同法官的量刑结果有时差异较大。即使差异不大,也因难以具体说明量
For a long time, the judges in our country have been sentenced in accordance with the criminal facts ascertained according to law and in accordance with the provisions of laws and judicial interpretations, which are generally fair. However, due to the lack of a unified norms of sentencing and scientific methods of sentencing, the judge mainly relies on long-term sentencing experience accumulated, judges the social harmfulness of specific criminal acts, considers various sentencing circumstances and determines the penalties to be imposed on the accused. Sentencing by this method, the subjectivity is larger, different judges sometimes sentencing results vary widely. Even if the difference is small, it is difficult to specify the quantity