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近几年,关于相类似的案例却被判处了不同的刑罚,引起了各大媒体的关注,也使得人们对于法官的自由裁量权是否过大产生了怀疑,甚至使人们对于中国现在的司法公正产生了质疑。基于这些原因,人民法院系统展开了量刑规范化改革。而且,最高人民法院在反复论证并广泛听取各界意见的基础上,起草了《人民法院量刑指导意见(试行)》和《人民法院量刑程序指导意见(试行)》两个文件。量刑规范化对于司法公正起到了良好的推动作用,但是也需要进一步的完善。
In recent years, similar cases have been sentenced to different punishments, has aroused the concern of the major media, but also makes people wonder whether judges’ discretionary power is too large, or even make people think about China’s current judicial fairness Have questioned. For these reasons, people’s court system launched a standardized measure of sentencing. Moreover, the Supreme People’s Court drafted the Guiding Opinions of the People’s Court on the Measurement of Sentencing (Trial) and the Guidance Opinion on the Procedure of the Sentencing (Provisional) of the People’s Court on the basis of repeated demonstration and extensive public opinions, drafting two documents. The standardization of sentencing has played a good role in promoting judicial fairness, but it needs further improvement.