个案主义之下的量刑偏差及双重应对

作为一个庞大而复杂的系统工程,量刑偏差的矫正应当立足于个案主义的视角,在具体个案中,追寻导致刑罚畸轻畸重,罪责刑不相适应的原因。应当将量刑规范化作为一个逐步发展的过程,立足当前刑罚理论研究和司法审判的实际,在正确把握其与法官自由裁量权、刑罚个别化与宽严相济刑事政策关系的前提下,从量刑程序和实体规范两个范畴,以审慎的态度加以推进。

Sentencing Deviation Under the Individual Case Socialist and Its Double Replies

As an enormous and complex system project,corrections of sentencing deviation should be based on the individual case socialist.We should find the reasons of exceedingly heavy or light penalties and un-suiting penalties to crimes and criminal responsibilities in a specific case.We need to take the sentencing standardization as a gradual development process and consider the current reality of penalty theory research and justice judgments.Based on a good understanding of the relationship between sentencing standardization and judges＇ power of discretion,the individualization of punishments and the principle of severity with leniency,the sentencing standardization should be promoted with a rigorous attitude from two perspectives of sentencing procedure and substantive rules.