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量刑建议权是检察机关公诉权的重要组成部分,司法实践中检察机关推行的量刑建议则是发挥其诉讼监督职能的主要方式,对于规范法院量刑,提高量刑透明度,保护人民群众的合法权益将起到积极作用。同时也对检察机关公诉人员的执法理念、程序意识、执法能力等提出了新的更高的要求。本文试以量刑建议权的概念、法律依据、现实意义为基点,以检察机关量刑建议中存在的问题的问题为切入点,对如何提高量刑建议在司法实践中的效力结合专家和学者的观点,谈点自己的看法,以期为检察机关更好地发挥诉讼监督职能拓宽思路。
The sentencing suggestion power is an important part of prosecutorial power of prosecution. In the judicial practice, the sentencing suggestion proposed by the procuratorial organ is the main way to exert its litigation supervision function. It will play an important role in regulating the sentencing of the court, improving the sentencing transparency and protecting the lawful rights and interests of the masses To a positive effect. At the same time, it also sets new and higher requirements on law enforcement concepts, procedural awareness and law enforcement ability of prosecutors and prosecutors. Based on the concept, legal basis and practical significance of sentencing suggestion, this paper attempts to take the problems existing in the sentencing suggestion of procuratorial organs as the starting point and combines the opinions of experts and scholars on how to improve the effectiveness of sentencing recommendations in judicial practice, Talk about their own views, with a view to prosecution for better litigation function to broaden their thinking.