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随着我国量刑规范化的探索与实践获得稳步推进,下步改革的展开和深化进入了实质性的攻坚阶段。认识和把握当前我国量刑规范化发展的态势十分重要。以最高法院出台的相关指导意见为牵动,各省法院在试点和试行过程取得了积极成效和经验。最高法院在相关量刑指导意见中,首次提出基准刑这一操作性概念。这是面对中国法律和司法问题之范畴和实践的双重创新。我国现行量刑规范模式,应当且正在向以量刑实体规范为核心,量刑案例指导为辅助,法官适度裁量为补充,量刑程序控制为保障的四维聚合量刑规范模式迈进。
With the exploration and practice of standardization of sentencing in our country steadily, the commencement and deepening of the reform in the next step has entered a substantive and crucial stage. It is very important to understand and grasp the current situation of standardization of sentencing in our country. With the relevant guidance issued by the Supreme Court as the driving force, the provincial courts have achieved positive results and experience in the pilot and pilot programs. The Supreme Court in the sentencing guidance, for the first time put forward the concept of benchmarking operation of this concept. This is a double innovation in the domain and practice of law and justice in China. The current normative model of sentencing in our country should and is going to the four-dimensional convergent sentencing model with the core of the sentencing entity as the core, the sentencing case guidance as a supplement, the judiciary’s moderation as a supplement, and the sentencing procedure control as the safeguard.