量刑制度宏观问题研究

量刑制度的外观为刑罚裁量与体系化构成 ,包括缓刑制度、死刑缓期执行、再犯和特别减轻制度 ;量刑制度具有规范、限制、整合、贯彻功能 ;运行量刑制度需要考虑运行环境和权力介入、媒体舆论、法官好恶、治安形势等相关影响因素 ;量刑制度存在两个基本走向 ,即综合化与精确化。量刑制度改革宜从总体目标、制度完善并结合刑事诉讼改革三方面同步进行

Study on the Microscopic Issue of Sentencing Discretion System

The facies of sentencing discretion is the composition of criminal punishment discretion and systematism, including probation, death sentence with a reprieve, recommission of crime, and special mitigation system. The sentencing discretion system possesses the function of regulation, limitation, conformity and implementation. While the sentencing discretion system functions, relevant factors should be taken into consideration such as functioning environment and power involvement, media and public opinions, judges' likes and dislikes, and the situation of public security. There are two basic tendencies in the sentencing discretion system, that is being colligated and accurate. It is proper to reform the sentencing discretion system simultaneously in the three aspects such as the general aim, perfection of system, and the reform of criminal procedure.