自由裁量权自身并不是导致不公正量刑的原因,恰恰相反,它是实现公正量刑的基础和保障;对自由裁量权的滥用才是导致不公正量刑的原因所在。因此,以压缩法官的自由裁量权、细密化量刑规范为指向的量刑规范化不能真正解决量刑不公正问题。以监督和制约法官自由裁量权的行使为目的的程序进路是实现量刑公正的必由之路。 Discretion itself is not the cause leading to unfair sentencing. On the contrary, it is the basis and guarantee for the realization of fair sentencing. The abuse of discretionary power is the reason leading to unfair sentencing. Therefore, to reduce the judge’s discretion, the standardization of sentencing norms can not really solve the problem of sentencing injustice. The procedural approach aimed at monitoring and restricting the exercise of the discretion of judges is the only way to realize the just penalty.