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量刑请愿书是民意在刑事案件中的表达,能对司法机关的行为产生一定影响。司法机关在对待量刑请愿书时,必须持谨慎、理性态度,对请愿书进行调查核实,必要时接受控辩双方的质证。为规范量刑请愿书对司法活动的影响,应在立法上对量刑请愿书准确定位、司法机关在司法活动中谨慎对待。同时,量刑请愿书在一定程度上可代替社会调查报告发挥作用。
The sentencing petition is the expression of public opinions in criminal cases, which can have an impact on the behavior of the judiciary. When handling judicial petitions, the judiciary must adopt a cautious and rational attitude to investigate and verify the petitions and, if necessary, accept the cross-examination of the prosecution and the defense. In order to standardize the impact of sentencing petitions on judicial activities, the petitions of sentencing should be accurately located in the legislation and the judiciary should be treated with caution in judicial activities. At the same time, sentencing petitions may to some extent be used in place of social investigation reports.