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量刑的实际水平到底低于、等于还是高于法定刑轻重程度,是立法与司法之间诸多关系之一。以21省市77家法院7万多刑事裁量为样本进行观察,可以得出量刑的实际水平显著低于法定刑中线的结论。这个结论可引发一系列理论思考,并成为我国模范判例制度的依据之一。
Whether the actual level of sentencing is lower than, equal to or higher than the level of the statutory punishment is one of the many relations between the legislature and the judiciary. Taking the more than 70,000 criminal discretions of 77 courts in 21 provinces and cities as samples, it can be concluded that the actual level of sentencing is significantly lower than the median line of legal punishment. This conclusion can lead to a series of theoretical considerations and become one of the bases for the model jurisprudence in our country.