我国存在着定罪与量刑不分的传统,量刑公正常常被误认为只是实体公正的问题,证据规则相当大程度上也以定罪证据为中心。随着量刑程序与定罪程序相分离,确立相对独立的量刑证据规则,对于保障量刑程序的独立性乃至程序的公正至关重要。 There is a tradition of criminalization and sentencing in our country. The sentencing of justice is often mistaken for the issue of substantive justice. The evidence rules are also largely based on evidence of conviction. With the separation of the sentencing procedure and the conviction procedure, establishing a relatively independent rule of sentencing evidence is crucial to guarantee the independence of the sentencing procedure and even the procedure.