论文部分内容阅读
检察机关在量刑规范化改革中,应充分发挥其法律监督的职能,积极参与到量刑规范化改革这一重大司法改革活动当中。检察机关从事量刑监督是其作为法律监督机关的题中应有之义。检察机关行使量刑监督是其法律监督宪法定位的实际彰显,是其法律监督职能的重要拓展,是对传统检察监督——抗诉权的补充、完善和延伸。检察机关行使法律监督不会侵害法官的自由裁量权,也不会影响和干扰审判独立,它只是对审判独立及法官自由裁量权的外在监督、制约,是对法官自由裁量权实施的程序性控制。
In the normative reform of sentencing, procuratorial organs should give full play to their functions of legal supervision and actively participate in the major judicial reform activities concerning the standardization of sentencing. Prosecutorial agencies in the sentencing supervision is its legal supervision organs should have the meaning of the question. The exercise of sentencing supervision by procuratorial organs is the actual manifestation of its constitutional position of legal supervision and an important expansion of its legal supervision function. It is a supplement, perfection and extension of the traditional procuratorial supervision - the right of protest. The exercise of legal supervision by procuratorial organs will not infringe on the judge’s discretion, nor will it interfere with and interfere with the independence of judiciary. It is only the external supervision and restriction of judicial independence and the discretion of judges. It is the procedural control.