定罪量刑情节若干问题研究

定罪情节和量刑情节各有其特征。一般而言，它们性质不同，作用各异；但有些定罪情节与量刑情节功能具有交叉性和双重身分性。在同一案件中，两次适用双重身分情节，并非是对一个事实的双重评价。法定情节与酌定情节在影响刑罚裁量方面，具有一致性和功能互补性：法定情节决定量刑的基本方向，酌定情节起补充和具体化作用，能决定具体刑度。对于多功能情节以及在多种量刑情节并存时，应当根据适当的原则和科学的方法进行具体处理。

On Circumstances in Discretion of Punishment and Circumstances in Conviction

Each of circumstances in discretion of punishment and circumstances in conviction has its characteristics. They are different in nature and function, but some of them have the overlapping part in function ,and some of them have double identities . It doesn't appraise the same fact to use circumstances of double identities in twice in the same case .Legal circumstances and consideration circumstances show no difference and work in coordination in the course of discretion of punishment. Legal circumstances decides the discretion of punishment basically, consideration circumstances plays an additional and particular role .It can decide the concrete punishment directly. Several functions and several circumstances occured in the one case were dealt with the circumstances according to the proper principle and scientific method.