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量刑建议制度体现了我国刑事诉讼法从传统的保护、同情被害人转向平等地兼顾、尊重和保护犯罪嫌疑人及被告人。检察机关行使对定罪、量刑两方面的自由裁量权,更有利于犯罪分子的改过自新、回归社会以及对实现对被害人的补偿或安慰,消除被害人利益受损的不平心理的同时也在根本上起到预防犯罪的作用;能够合理分配司法资源,提高司法效率,实现诉讼效益;促进程序法和实体法更紧密的结合,实现形式正义与实体正义的平衡。然而量刑建议制度在我国正处于建立初期,并没有在立法中得以系统化,使得其实施与探索处于混乱迷茫之中,因此,对量刑建议制度的建立与完善的理论和实践研究就显得尤为重要。
Sentencing suggestion system reflects our country’s criminal procedure law from the traditional protection, compassionate victims turned to equal consideration, respect and protect the suspects and defendants. Procuratorial organs exercise their discretion in both the conviction and the sentencing. They are also more conducive to the criminal reintegration, return to society and the compensation or comfort for the victims, as well as to eliminate the unfair psychology of victims’ interests and at the same time, fundamentally Play the role of crime prevention; can rationally allocate judicial resources, improve judicial efficiency and realize the benefits of litigation; and promote a closer integration of procedural law and substantive law so as to achieve a balance between formal justice and substantive justice. However, the sentencing suggestion system is in the early days of our country and has not been systematized in the legislation, making its implementation and exploration confused and confused. Therefore, it is especially important to study the establishment and perfection of sentencing suggestion system .