量刑证据在量刑建议中运用实证研究——以107份量刑建议书为样本

Empirical Study on the Application of Sentencing Evidence in Sentencing Recommendations——Taking 107 Copies of the Sentencing Proposals as Samples

以量刑建议书为样本的实证考察,可大致勾勒出量刑证据运用存在的问题:个案中量刑证据偏少、证明力偏弱;酌定量刑情节的收集和运用存在不平衡现象;定罪量刑混合证据使用较少;量刑证据作用未得到全面发挥。未来量刑证据的运用应转变观念,提高认识;强化量刑信息收集,夯实量刑建议基础;提升办案人员评估能力,增强预测准确性,降低建议风险;加强对量刑证据的分析。

Taking the sentencing proposals as samples, the empirical study can outline the problems out of the application of sentencing evidence： the sentencing evidence is less used in individual cases, and its probative force is too weak and the collection and use of discretionary sentencing plots are imbalanced; The mixed evidence of conviction and sentencing has been used less and the role of sentencing evidence has not been played fully. Ideas should be changed, awareness raised, in the future application of sentencing evidences; The collection work of sentencing information should be strengthened and a solid foundation for the sentencing recommendations should be reinforced; Investigators＇ assessment capability should be improved to enhance the accuracy of prediction, reduce the risk of recommendations, and strengthen the analysis of sentencing evidence.