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量刑建议权是我国目前通过司法解释赋予检察机关的权力,属于公诉权中的求刑权。在过去的司法实践中,检察机关对于求刑权缺乏必要的关注。量刑建议权能够促使量刑程序的公正,也有利于公诉机关合理开展法律监督活动,具有不可忽视的制度价值。然而,对于量刑建议权的存在合理性以及局限性问题,学界和实务界一直有反对的观点,应该予以客观思辨。量刑建议制度必将成为公正的量刑程序建立的有力推手,但量刑程序的建立还需其他制度予以相配套,因此不宜对量刑程序寄予过多不切实际的期待。
The sentencing suggestion right is the power that our country currently gives to the procuratorial organ through judicial interpretation and belongs to the plea of criminal prosecution. In past judicial practice, procuratorial organs lacked the necessary attention to the power of seeking prisoners. The sentencing suggestion power can promote the justice of the sentencing procedure, and it is also beneficial to the prosecutorial organ to carry out legal supervision activities reasonably. It has the system value that can not be neglected. However, for the existence of the reasonableness and limitation of the right of sentencing suggestion, academics and practitioners always have opposing views and should objectively think. The system of sentencing will surely become a powerful promoter of establishing a just sentencing procedure. However, the establishment of the sentencing procedure needs to be complemented by other systems. Therefore, it is inappropriate to place too many unrealistic expectations on sentencing procedures.