酌定量刑情节的适用从本质上说是法官自由裁量权的运用。
The application of discretionary circumstances of sentencing in nature is the application of judges' free rulings.
针对法定刑幅度过大、量刑情节的概括性导致法官自由裁量权过大从而使量刑不规范的问题,主张从立法上细化法定刑幅度和量刑情节的调节幅度;
There are reasons about legislation, judicial and other. On legislation, legal amplitude were too large, the plot of the sentence is too general that lead to the judge have a big discretion right.
量刑失衡又称量刑偏差,是指机关在同一时空条件下,对性质相同、情节相当的犯罪,在适用相同法律时,刑罚裁量相差悬殊的现象。
The unbalance of measurement of penalty means that the institution gave the penalties in big differences to the crimes with same quality and similar circumstances, and according to the same law.
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