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量刑规范化问题的实质是量刑裁量权的公正行使,规范之目的在于确保量刑裁判的准确性的同时,维护其正义性。确立完善而又明细的量刑规则和构建合适的量刑程序,是量刑规范化的两条相辅之路径,后者更为前者落实之保障。从程序功能主义的视角观察,量刑规范所欲达致的量刑公正之目的,唯在一个恰当的程序中方能实现。本文之趣旨在于透过程序功能主义之视角,考察程序之于量刑规范的必要性,以期助益于量刑规范化问题的认识和解决。
The essence of the standardization of sentencing is the impartial exercise of the discretion of measurement of sentencing. The purpose of standardization is to ensure the accuracy of sentencing and to safeguard its justice. The establishment of a sound and detailed sentencing rule and the construction of a suitable sentencing procedure are two complementary paths to the standardization of sentencing, and the latter are more guarantees for the implementation of the former. From the perspective of procedural functionalism, the purpose of sentencing norms to achieve the sentencing fairness, only in an appropriate procedure can be achieved. The purpose of this essay is to examine the necessity of the procedure in sentencing norms through the perspective of procedural functionalism so as to help to understand and solve the problem of standardization of sentencing.