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正如定罪与量刑一体化程序模式具有诸多缺陷而不利于实现量刑的程序公正一样,中国目前确立的“相对独立”的量刑程序模式亦具有较大的局限性,难以确保量刑的程序公正。因此,为了真正实现量刑的程序公正,确立“完全独立”的量刑程序模式是中国量刑制度改革的应然选择。使量刑程序成为一种完全独立的诉讼程序,既符合量刑个别化原则的要求,亦顺应量刑程序独立化的国际趋势,而且有利于真正实现量刑的程序公正。
Just as there are many defects in the model of the process of integration of sentencing and measurement of punishment, which is unfavorable to the fairness of the procedures for sentencing, the “relatively independent” sentencing model currently established in China has great limitations and it is difficult to ensure that the procedure of sentencing is fair. Therefore, in order to realize the just procedure of sentencing, establishing the “independent” mode of sentencing is an appropriate choice for the reform of the sentencing system in China. Let the sentencing procedure become a completely independent proceeding, which not only meets the requirements of the individual principle of sentencing, but also complies with the international trend of independence of the sentencing procedure, and is conducive to the realization of the procedural fairness of actual sentencing.