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刑事司法审判中量刑之轻重不仅直接事关被告人的切身利益,而且关乎到能否真正落实罪刑法定原则和罪责刑相适应原则,关系到法律的统一。在当前因刑法法定刑规定幅度较大而致实践中法官量刑畸轻畸重的情况下,赋予维护被告人合法权益的辩护律师以量刑建议权,充分发挥辩护律师的作用,对促进被告人的公正量刑,不仅是必要的,而且也是可行的。
The severity of sentencing in criminal judicial trial not only directly relates to the vital interests of the defendant, but also relates to whether the principle of legally punishable punishment and crime can be fulfilled, and the unification of laws is concerned. At present, the defense lawyers who defend the lawful rights and interests of defendants are given the right of sentencing by giving sentencing advice to the public due to the large amount of criminal statutory punishment, which leads to the seriousness of sentencing in practice. Not only necessary, but also feasible.