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量刑自由裁量权的行驶是法官在量刑中的必然现象,不仅直接关系到被告人的切身利益,而且关系到整个刑事审判活动实体正义和程序正义的实现。影响量刑自由裁量权的因素很多,文章主要从完善量刑裁量规则的角度,分析我国刑事立法和司法实践中造成行使自由裁量权偏移的原因,在此基础上,提出完善量刑自由裁量权的建议。
The driving of sentencing discretion is the inevitable phenomenon of the judge in sentencing. It not only has a direct bearing on the vital interests of the accused, but also affects the substantive justice and procedural justice of the entire criminal trial. There are many factors that influence the discretion of sentencing. The article mainly analyzes the causes of the discrepancy of exercising discretion in the criminal legislation and judicial practice from the perspective of perfecting the rules of discretionary sentencing. Based on this, it puts forward the suggestion of perfecting the discretionary power of sentencing .