论量刑适用的民主化

On Democratization of Sentencing Application

量刑是刑事审判的核心内容,量刑民主化的目的就是保证法官实现量刑公正,避免枉法裁判。量刑民主化的实现可以从人民陪审员制度,检察官的量刑建议权、受害人及其亲属的量刑建议、量刑辩论环节、判决书中展示量刑理由等多方面展开。

Sentence is the core content of criminal trial. Democratization of sentence aims at just punishment and avoiding wrongful judgment. Realization of democratization of sentence can be spread out from the following aspects： The people＇ s assessor system; Sentence suggestion power of public prosecutor; Sentence suggestion right of the victim and his or her relative; Sentence debate; Disclosure of the sentence opinion of decision.