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量刑建议制度自产生以来就受到检察实务界和理论界的诸多关注及争论,而在2010年高检院等五部门下发“量刑程序意见”后,关于该制度正当性等问题的讨论可以告一段落,我们需要关注的是这项制度的贯彻落实,本文正是在这一背景下对重庆市J区人民检察院开展量刑建议工作情况进行考察,总结在实践中遇到的问题并提出完善量刑建议和相关工作机制的对策。
The sentencing recommendation system has been subject to many concerns and controversies since its inception by prosecutors and practitioners and theorists. However, after the issuance of the “Opinion on Sentencing Proceedings” issued by the five departments such as the Supreme People’s Procuratorate in 2010, the discussion on the issues such as the legitimacy of the system We can come to the conclusion that we need to pay attention to the implementation of this system. In this context, this paper examines the implementation of sentencing recommendations by the People’s Procuratorate of District J in Chongqing, sums up the problems encountered in practice and puts forward suggestions Countermeasures of Sentencing Proposal and Relevant Working Mechanism.