不少法官轻视刑事审判,认为这项工作太简单。其实,在刑事司法实践中,在对被告人适用刑罚即“量刑”时,普遍存在诸多误区。 “重定罪,轻量刑”。有的法官认为,对刑事案件,只要把事实审查清楚了,证据搞确实充分了,性质搞准确了,剩下的工作就简单了,无非是依照刑法分则的条款量刑而已。因此,每当在这个时候,不愿花更多的时间和精力去研究 Many judges contempt criminal trial, that this job is too simple. In fact, in the practice of criminal justice, there are widespread misunderstandings when applying the penalty to the defendant, namely, “sentencing”. “Convicted, lightly sentenced.” Some judges think that as long as the factual examination is clear in the criminal case, the evidence is indeed sufficient and the nature is accurate, the rest of the work is simple, and the penalty is only based on the provisions of the criminal law. Therefore, whenever at this time, do not want to spend more time and energy to study