摘要
"电脑量刑"是一种借助电脑来量刑的方式,"电脑量刑"有利于公正断案、抑制司法腐败,在我国司法实践中具有存在的必要性和可行性。但是,根治司法腐败主要是靠制度完善和法官素质的提高,电脑只能作为法官量刑的一种辅助手段。电脑不能替代法官而成为量刑主体,需要正确处理好电脑量刑和法官自由裁量权之间的关系。
Discretion of punishment by computers is beneficial to judge the case and to control judicial corrupt, and it is necessary and feasible in our judicial practices. However, the main measures of restraining judicial corrupt thoroughly are to consummate the system and to enhance the judge quality, it is only as an auxiliary measure in measuring penalty at most. Computers should not take the place of the judge to be the main body in measuring penalty. It is necessary to coordinate the relationship between discretion of punishment by computers and right of discretion of judges.
出处
《湖北警官学院学报》
2008年第3期5-9,共5页
Journal of Hubei University of Police
关键词
电脑量刑
量刑公正
自由裁量权
discretion of punishment by computers
the equality of the discretion of punishment
right of discretion
