刑罚的裁量 ,在中国是指人民法院代表国家依法对已经构成犯罪的行为人裁量 ,适用刑罚的一种司法活动。定罪与量刑可以说是人民法院整个刑事审判工作的两大基础内容。实现定罪的准确性和量刑的合理性 ,是现代法制社会对整个刑事审判工作的两项基本要求。量刑公正的诉讼保障机制殊为重要 Punishment in China refers to a judicial activity in which people’s courts on behalf of a country punish and punish those who have constituted crimes according to law. Conviction and sentencing can be regarded as the two basic elements of the entire criminal trial of the people’s court. The accuracy of conviction and the rationality of sentencing are two basic requirements for the entire criminal trial in modern legal society. Sentencing fairness of the litigation safeguard mechanism is important