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作为一项全新的司法活动,量刑规范化改革源于中央提出的“规范裁量权将量刑纳入法庭审理程序”。本文立足于量刑程序规范化与司法公正的关系,从量刑程序的公正、独立是实现司法公正的保证,控辩双方对量刑程序的充分参与是实现司法公正的途径等角度论述其在保证法官自由裁量权的正确行使,依法审理,规范量刑,严格执法,保证个案的公平正义,进而达到促进社会和谐、维护社会稳定、保证司法昌明、实现司法公正的作用。
As a brand new judicial activity, the standardization of sentencing reform stems from the proposal made by the central government that “the measurement of discretion should be included in the court hearing procedure.” Based on the relationship between the standardization of sentencing procedure and the judicial impartiality, this article discusses the judicial discretion of the judge from the angle of impartiality and independence of the sentencing procedure, the guarantee of judicial fairness, the full participation of both sentencing and defending procedure and the realization of judicial fairness The correct exercise of the right, according to the law, regulate the sentencing, strict law enforcement, to ensure that the case of fairness and justice, thereby achieving the promotion of social harmony, safeguarding social stability, ensuring judicial justice, to achieve judicial impartiality.