当前,全国部分法院正在进行量刑规范化改革的试点工作,其中一项重点是改变估堆式量刑方法,建立统一、规范的量刑步骤。要合理构建量刑步骤,必须首先明确法官需要根据哪些事实进行量刑,即明确法官的量刑根据是什么。由于刑罚的目的具有二元性——报应与预防,因此法官量刑的事实根据也应当分为两方面:一是根据犯罪行为来量刑;二是根据犯罪人的情况来量刑。量刑根据二元化,早已体现在各国成文法的规定中。深入探讨量刑根据的二元化的价值在于为量刑步骤的划分确定了分界线。由于量刑根据分为犯罪行为和犯罪人,笔者建议法官的量刑步骤应按照“先根据犯罪行为量刑,后根据犯罪人量刑”的思路,构建“从基准刑到责任刑,再到宣告刑”分两步走的量刑步骤。 At present, some courts across the country are carrying out the pilot work on the standardization of sentencing. One of the focuses is to change the method of sentencing sentencing and establish a unified and standardized sentencing procedure. To reasonably build the steps of sentencing, we must first make it clear what the judge needs to be based on the facts, that is, to determine the sentencing basis of a judge. Because of the duality of the purpose of punishment - retribution and prevention, the factual basis for the judge’s sentencing should also be divided into two aspects: one is to sentence according to criminal acts; the other is to sentence according to the circumstances of criminals. Sentencing based on duality has long been reflected in the statutory provisions of various countries. The value of in-depth discussion on the duality of the sentencing basis is to define the dividing line for the division of sentencing steps. As sentencing is divided into criminal acts and criminals, the author suggests that the judge’s sentencing steps should be based on the principle of “based on the criminal sentencing, then the sentencing of the criminals”, to build “from the standard sentence to the liability sentence and then to the proclamation Penalty ”step in two sentencing steps.