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量刑适当是我国刑事诉讼活动追求的刑罚正义的基本要求。由于我国现行刑事审判制度实行定罪与量刑一体化的程序模式,量刑问题长期以来未被足够关注,量刑公正程序受到忽视。因而,有必要从我国现有量刑程序的问题着手,以量刑程序诉讼化的公正价值为归宿,完善我国量刑制度的诉讼程序。
Proper sentencing is the basic requirement of the penalty justice pursued by criminal activities in our country. Due to the procedural model of the integration of criminalization and sentencing in China’s current criminal justice system, the issue of sentencing has not been paid enough attention for a long time, and the just procedure of sentencing has been neglected. Therefore, it is necessary to proceed from the issue of the existing criminal procedure in our country, with the fair value of the proceduralization of the measurement procedure as its destination, and to improve the procedure of the sentencing system in our country.