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当前量刑建议工作中存在三个方面的问题:量刑标准宽泛、量刑情节,复杂导致量刑不准确;部分量刑建议随意性大、质量不高影响法院对量刑建议的采纳率;量刑建议和法院判决缺少明确的量刑依据和法理说明,不利于执法统一和息诉服判。我们应深入理解刑罚制度的设置及量刑规律,确定科学、统一的量刑规范;将法院对量刑建议的采纳情况作为审判监督的重要依据;建立不采纳量刑建议判决书说明解释机制。
There are three problems in the current sentencing suggestion: the sentencing standard is broad, the sentencing circumstances are complex and the sentencing is inaccurate; the sentencing suggestion of partial sentencing is arbitrary and the quality is not high, which affects the adoption rate of sentencing recommendations; the sentencing recommendations and the court judgments are lacking A clear sentencing basis and jurisprudential instructions, is not conducive to law enforcement and interest rates uniform. We should thoroughly understand the setting of penalty system and the law of measurement and punishment, and establish a scientific and uniform norms of measurement of sentencing. We should take the adoption of sentencing recommendations by the court as an important basis for trial supervision. We should establish explanation and explanation mechanism for judgments not to adopt sentencing recommendations.