我国现有的程序立法中没有明确区分定罪阶段和量刑阶段,造成定罪和量刑两种本应相对分离的程序活动,在司法中混合在一起,在一定程度上影响了量刑程序的公开性、透明性和量刑事实、证据调查与辩论的充分性,由此难以保证量刑的公正性和裁判的说服力。 There is no clear distinction between the criminalization stage and the sentencing stage in China’s existing procedural legislation, resulting in two procedural activities that should be separated from conviction and sentencing. They are mixed together in the judiciary, to a certain extent, this has affected the openness and transparency of the sentencing procedure Sexual and sentencing facts, the adequacy of evidence investigations and debates make it difficult to guarantee the fairness of the sentencing and the persuasiveness of the judgments.