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法院在自由刑量刑上拥有极大的自由裁量权,在司法实践中存在着职务犯罪处罚轻刑化、量刑偏轻、罚金刑代替自由刑、同类案件自由刑量刑差别较大等诸多问题,对这些问题可从完善自由刑立法、试行量刑建议、制定量刑指南、行使抗诉权等方面予以限制和监督,促使自由刑量刑的公正裁量,从而更好地实现刑罚的目的和功能。
Courts have a great discretion in the measurement of the penalty of liberty. In judicial practice, there are many problems such as light punishment of job-related crimes, light sentencing of sentencing, substitution of free sentences for fine penalties, and large differences in sentencing of liberty penalties in similar cases. These problems can be limited and supervised from the aspects of perfecting the legislation of free criminal penalty, probing the sentencing recommendation, making sentencing guidelines, exercising the right of protest and so on, and promoting the impartial discretion of sentencing the liberty penalty so that the purpose and function of the penalty can be better realized.