量刑方法论——从对传统观念的检讨与批判谈起

Methodology of Adjudicative of Punishment——From self-criticism and critical of traditional concepts

对犯罪人裁量决定刑罚是刑事审判中重要的环节,事关对司法活动公平与正义的评价。而正确把握量刑的方法,对做到“罚当其罪”和“罪刑相适应”至关重要。从传统观念的检讨与批判谈起,论述量刑的理念、原则、方法和因素,并在量刑的步骤和方法上提出见解。

To adjudicate criminal to determine the punishment is the most important role in criminal justice system,it is relates to judicialestimate of equityand justice . To grasp the method of adjudicative of punishment correctly is the core of ＂principle of suiting punishment of crime＇and＂punishment in keeping with the crime ＂. Talking from self-criticism and critical of traditional cimcepts, and explaining the thoughts, rules, method and reasons, the author provide the advice of punishment＇s steps and methods.