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酌定量刑情节对量刑具有重大意义,既弥补了制定法的不足,又体现了法官的自由裁量权、实现量刑公正。然而实践中审判人员对酌定量刑情节不够重视,并且适用酌定情节也易导致法官自由裁量权的滥用,将酌定量刑情节法定化显得尤为重要。酌定量刑情节法定化遵循了刑法罪刑法定原则,为酌定量刑情节制定了统一的衡量标准,减轻审判人员的工作负担、贯彻宽严相济的刑事政策、实现同罪同罚、体现了司法公正,并且学者理论研究和相关司法解释与指导意见的出台为酌定量刑情节法定化提供了现实的土壤。酌定量刑情节法定化是法律明文规定部分酌定量刑情节,包括犯罪人是国家工作人员、被害人是弱势群体、被害人自杀身亡、犯罪对被害人的生活造成特别重大影响、犯罪人的罪后态度、行为人基于义愤或大义灭亲犯罪。
The discretionary circumstances of sentencing sentencing is of great significance to sentencing, which not only makes up for the lack of statutory law, but also reflects the discretion of the judge to realize sentencing justice. However, in practice, the adjudicators do not pay enough attention to the circumstances of the discretionary sentencing, and the application of the discretionary circumstances can easily lead to the abuse of the discretion of the judges. It is particularly important to determine the circumstances of the discretionary sentencing. The legalization of the circumstances of the discretionary sentencing follows the principle of the statutory principle of the criminal law and penalty, establishes a unified measure for the discretionary sentencing circumstances, reduces the workload of the judicial staff, carries out the criminal policy of tempering justice with mercy, The theoretical research of scholars and the introduction of relevant judicial interpretations and guidance provide the realistic soil for discretionary determination of the circumstances of sentencing. The legalization of the circumstances of the discretionary sentencing is a part of the discretionary sentencing circumstances stipulated by the law, including that the perpetrator is a state worker, the victim is a vulnerable group, the victim suicide, the crime has a particularly significant impact on the victim’s life, The perpetrator of crimes based on indignation or righteousness.