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在量刑规范化改革不断深化的语境下,对刑罚裁量过程中的量刑证据运用进行探讨显得极其必要和重要。量刑程序由于其运行机制的特殊性必然会逐渐进入刑事审判领域,并且成为独立的中心程序。同时,量刑机制的特殊性也决定了量刑程序在证据种类、证明标准、举证责任等其他方面具有其特殊的属性。因此,从刑事审判的视角,建构量刑证据的运用规则就成为理论和实务亟待解决的问题。
Under the circumstance of deepening standardization reform of sentencing, it is extremely necessary and important to explore the application of sentencing evidence in the process of punishment discretion. Due to the particularity of its operating mechanism, the sentencing procedure will inevitably gradually enter the field of criminal trials and become an independent central procedure. At the same time, the particularity of the sentencing mechanism also determines that the sentencing procedure has its special attributes in other aspects such as the type of evidence, the standard of proof and the burden of proof. Therefore, from the perspective of criminal trial, the construction of sentencing evidence application rules has become a problem to be solved in theory and practice.