量刑是刑事审判的中心任务之一,定罪是为其服务的,两者都是刑事审判中的两大基本活动,具有同等重要的地位。长期以来,我国在“重定罪,轻量刑”思想影响下,忽视量刑问题。也就是说,我们对量刑问题的关注仅集中于实体法领域,没有将其纳入程序法的轨道。司法公正没有一个良好的程序制约,没有程序保障各类诉讼主体的有效参与,量刑只会使自由裁量权滥用的可能性加大,正是我国量刑实践的窘境和程序正义的理念深入,促使我对量刑程序独立的可行性与必要性的探究,以求循序渐进,探索适合我国的相对独立量刑程序。 Sentencing is one of the central tasks of criminal trial, and conviction is served by it. Both of them are two basic activities in criminal trial and have equal importance. For a long time, our country ignores the issue of sentencing under the influence of “re-conviction and light-handed punishment”. In other words, our focus on the issue of sentencing has focused only on the realm of substantive law and has not been incorporated into the procedural law. Judicial fairness does not have a good procedural constraints, there is no procedure to ensure the effective participation of all types of litigation, sentencing will only increase the possibility of abuse of discretion, it is the dilemma of sentencing practice and the concept of procedural justice in-depth, prompting me In order to explore the feasibility and necessity of the independence of the sentencing process in order to explore the relative independent sentencing procedure suitable for our country.