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近些年来,随着司法活动中“重定罪、轻量刑”的审判程序弊端的不断显现,学者对大陆法系定罪量刑一体化的模式的反思也随之深入,而构建一个相对独立的量刑程序成为我国审判程序改革的重要趋势。证据问题是量刑程序的一个重要方面。量刑程序中的证据问题主要包括证据的构成,证据所需要证明的事实,举证责任的分配以及证明标准等。
In recent years, along with the constant appearance of malfeasance procedures in judicial activities such as “re-conviction and light-weight punishment,” scholars also reconsider the integration of the criminalization of sentencing and punishment in civil law jurisdictions and build a relatively independent Sentencing procedure has become an important trend in the reform of our trial procedure. The issue of evidence is an important aspect of the sentencing process. The issues of evidence in the sentencing procedure mainly include the composition of evidence, the facts to prove the evidence, the distribution of the burden of proof and the standard of proof.