论量刑失衡及其预防对策

On the Unbalance of Sentencing Discretion and Its Precautionary Measurements

量刑是法院刑事审判活动的重要组成部分,也是整个刑事诉讼程序的重要环节,在刑事审判中有着特殊的地位和作用。在刑事审判实践中,量刑失衡的现象相当普遍,严重干扰了司法的公正性,因此解决量刑失衡问题迫在眉睫。探讨量刑失衡现象的原因和防治对策,实现量刑均衡,具有重要的现实意义。

Sentencing discretion is an important part of criminal trial of court; it is the key link of the entire criminal litigation procedure, and it plays a special role in criminal trial. In the practice of criminal trial, unbalance of sentencing discretion is quite common, which interferes the justice of judgment seriously. Therefore, the problem of unbalance of sentencing discretion is urgent to be solved. There is practical significance to discuss the reasons of unbalance of sentencing discretion and its precautionary measurements and reach balance of the sentencing discretion.