针对量刑时报应刑与预防刑的冲突而进行调和,可以分为幅的理论与点的理论。在日本曾存在幅理论与点理论的激烈交锋,对我国而言,点理论与消极责任主义密切相关,更有利于突出被告人的人权保障,且研究量刑基准的点幅之争,对于审判实务及量刑规范化改革同样具有重大意义。 Reconciliation can be divided into the theory of theory and the theory of point for the conflict between sentencing and prevention of punishment. In Japan, there was a fierce battle between the theory of amplitude and the theory of point. For our country, the theory of point is closely related to the negative responsibility, which is more conducive to highlighting the defendants’ human rights protection and studying the dispute over the benchmark of sentencing. And the standardization of sentencing reform is also of great significance.