酌定量刑情节的规范化适用研究

Research on the Standardized application of Discretionary Circumstances of Sentencing

酌定量刑情节作为刑罚裁量的重要范畴,必然有其存在的刑法基础,酌定量刑情节首先要接受刑罚的考量,反映犯罪行为的社会危害性,还要接受刑罚特殊预防的考量,以反映犯罪嫌疑人的人身危险性。为了体现刑法的基本原则,酌定量刑情节的规范适用不仅有利于罪刑法定主义的贯彻,而且也是罪责刑相适应原则和刑法适用平等原则得以实现的关键。

As an important category of penalty discretion, discretionary circumstances of sentencing must have its own criminal law foundation. Discretionary circumstances of sentencing should accept the consideration of punishment retribution, reflect the social harm of the criminal behavior, accept the consideration of special prevention of penalty, and reflect the personal danger of the criminal. In order to reflect the basic principles of criminal law, the standard application of discretionary circumstances of sentencing is not only conducive to the implementation of the doctrine of legality of crime, but also the key to the realization of the principle of the compatibility of crime, responsibility and punishment and the principle of equal application of criminal law.