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量刑说理是法官对量刑结论的正当性进行解释论证的一种诉讼活动。通过量刑说理,可以增加量刑的可接受性,有助于法官思考量刑的妥当性、认真对待被告人的权利。但是司法实务中,量刑说理问题并未引起足够的重视,判决书中量刑说理不够全面、透彻,缺乏说服力,以致引发被告人和社会各界对量刑结论的质疑,影响了司法权威。造成这一问题的原因是多方面的,在司法实践中应丰富说理内容、强化说理个性并完善配套措施,以提高判决书量刑说理的质量。
The Sentencing Theory is a kind of litigation activity that the judge interprets and justifies the sentencing conclusion. Sentencing theory can increase the acceptability of sentencing, help judges to consider the validity of sentencing, and take seriously the rights of defendants. However, in the judicial practice, the issue of sentencing rationale has not been given enough attention. The sentencing principle in the verdict is not comprehensive, thorough and lack of persuasion, which has led to the defendants and various circles in the community questioning the sentencing conclusion and affecting the judicial authority. The reasons for this problem are many. In judicial practice, the contents should be enriched, the personality should be strengthened, and the matching measures should be perfected in order to improve the quality of sentencing.