通常认为,刑罚裁量受制于实体法与程序法两个方面,要实现犯罪事实中所有定罪事实与量刑事实都被发现,进而实现量刑公正,诉讼前期、中期对于量刑事实的固定与析取意义重大。近些年来,对刑罚的研究目光多集中于刑罚自由裁量权的规范化,量刑基准、量刑方法、量刑思维遂成为显学。笔者试在当前研究成果的基础上,对量刑事实的析取及运用中应注意的问题进行探讨。一、量刑事实析取对象应包括法定事实与酌定事实等所有量刑 It is generally believed that the penalty discretion is subject to both substantive and procedural laws. Therefore, all the facts of conviction and the facts of sentencing in the criminal facts have been found, so as to realize the sentencing justice. The pre-litigation and mid-term litigation have great significance for the fixation and disjunctiveness of sentencing facts . In recent years, the focus of research on punishment has focused more on the standardization of the discretion of punishment, the sentencing criteria, the sentencing method, and the sentencing thinking have become significant studies. On the basis of the current research results, the author tries to discuss the disjunctive use of sentencing and the problems that should be paid attention to in its application. First, the sentencing of the actual object of interpretation should include all statutory facts and discretionary facts sentencing