论文部分内容阅读
量刑作为刑事审判活动的一个重要组成部分,既是司法审判的落脚点,也是衡量司法公正与否的重要因素。近年来,量刑环节出现的种种弊端迫切要求量刑程序独立于定罪程序之外,对其进行严格的规制。与此相适应,必须设立一种不同于定罪证明制度的量刑证明制度,以求使量刑结果更为公正合理。以独立量刑程序框架为背景,对量刑程序中的证明制度作探讨。
Sentencing, as an important part of criminal trial activities, is not only the foothold of judicial trials but also an important factor in judging the impartiality of the judiciary. In recent years, the disadvantages of the sentencing process urgently require the sentencing procedure to be strictly regulated except for the procedure of conviction. Corresponding to this, it is necessary to set up a system of sentencing proof that is different from the conviction proof system so as to make the sentencing result more fair and reasonable. With the framework of independent sentencing procedure as the background, this paper discusses the proof system in the sentencing procedure.