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长期以来,我国庭审的核心侧重于定罪而非量刑,量刑一直是法官独享的权力,量刑的不公开化致使一些案件的量刑不公正、不平衡,影响了司法的权威性。量刑建议权是检察机关代表国家行使求刑权的有力途径,也是国家刑罚权运行的重要方面。检察机关行使量刑建议权不仅符合当前司法改革的方向,在实践中也具有重大的现实意义。由于我国当前的量刑建议制度尚处于探索阶段,相关规定亦有一些模糊之处,应当从增强可操作性入手,制定统一的量刑建议规则和量刑标准,规范量刑建议的形式和内容,建立健全监督和测评机制,促进量刑建议制度的构建与完善。
For a long time, the core of trial in our country focuses on conviction rather than on sentencing. Sentencing has always been the sole power of judges. The impunity of sentencing results in unfair and unbalanced sentencing in some cases and affects the judicial authority. The sentencing suggestion power is a powerful way for procuratorial organs to exercise the power of seeking prisoners on behalf of the state, and it is also an important aspect of the operation of the penalty power of the state. The procuratorial organ’s exercise of sentencing power not only accords with the current direction of judicial reform, but also has great practical significance in practice. As China’s current sentencing recommendation system is still under exploration, the relevant provisions also have some ambiguities. We should start with enhancing maneuverability, formulate a unified sentencing recommendation and sentencing standards, standardize the form and content of Sentencing recommendations, and establish and improve supervision And evaluation mechanism to promote the construction of sentencing recommendation system and improvement.