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在现代刑事司法中,定罪公正和量刑公正一起,构成了司法公正的丰富内涵。而目前,我国量刑不公的问题却日益凸显,随着我国法制建设的发展,学界与实务界也开始关注和研究量刑问题。但人们往往是从实体法的角度研究量刑,其实,量刑公正不仅是实体问题,更是一个程序问题。量刑程序的相对独立化是实现量刑公正的程序路径,但量刑程序的科学设置不仅仅是将传统的混合模式分离为相对独立的定罪程序和量刑程序,还要对量刑程序补充程序公正的要素。而针对量刑程序所设置的科学和完善的量刑证据证明规则体系正是保障程序公正的至关重要的一环。
In modern criminal justice, the fairness of conviction and sentencing fairness constitute the rich connotation of judicial fairness. At present, the problem of unfair sentencing in our country has become increasingly prominent. With the development of the legal system in our country, scholars and practitioners have also started to pay attention to and study the issue of sentencing. However, people often study sentencing from the perspective of substantive law. In fact, sentencing justice is not only a substantive issue but also a procedural issue. The relative independence of the sentencing procedure is the procedural path to realize sentencing justice. However, the scientific setting of the sentencing procedure is not only to separate the traditional mixed mode into relatively independent conviction and sentencing procedures, but also to supplement the impartial elements of the sentencing procedure. However, the scientific and comprehensive sentencing evidence provided for the sentencing procedure proves that the rules system is a crucial part of ensuring procedural fairness.