我国刑法理论上,围绕量刑基准的研究尚处起步阶段并从一开始就存在不少争议。从量刑基准的概念内涵、存在必要性以及确定方法都未有较为统一的理解,成为制约量刑理论发展的桎梏。当前应及时对量刑基准理论争议进行体系化深入研究,以期促进量刑基准理论最终形成。 In the theory of criminal law in our country, the research on the base of sentencing is still in its infancy and there are many controversies from the very beginning. From the concept of sentencing criteria connotation, the existence of necessity and methods of determination are not a more unified understanding, as restricting the development of sentencing theory 桎 梏. At present, we should conduct a systematic and in-depth study on the theoretical basis of sentencing in order to promote the final formation of sentencing benchmarking theory.