量刑概念新说

On the Concept of Measurement of Punishments

量刑是刑事审判的重要组成部分,合理定义量刑对实现刑事正义意义重大。传统的量刑定义范畴过窄,没有充分揭示其内涵;应该将非刑罚处理方法纳入量刑范畴,将量刑内涵界定为一种过程,即量刑是指人民法院在定罪的基础上,依法审判时,作出对犯罪人是否适用刑罚、适用何种刑罚、如何适用刑罚、以及适用何种非刑罚方法的裁量过程。

Measurement of punishments is an important component of criminal trial,and how to define measurement of punishments is very significant for fair sentencing.The traditional concept of measurement of punishments is limited in aspect of its content and do not fully reveal its meaning.Measurement of punishments should include the non-punishments and be understood as a measurement process,in which on the basis of conviction,the people's court makes a decision applicable to the crime: whether to apply punishments,which kind of punishments to be applied,how to apply punishments,and which kind of non-punishments to be applied.