论量刑规范中的检察量刑建议权

Sentencing Proposal Power in Penalty Measurement in Procuratorial Work

检察机关量刑建议权符合法的本质,对规范量刑程序,有效制约人民法院的量刑裁量权,切实加强审判监督有着积极意义。检察机关量刑建议权以对正义、公平的设定为准绳,按法制原则使国家刑罚权的行使与公民的自由权利实现最大限度的融合。

The power of sentencing proposal complies with the nature of law. It plays a positive role in efficiently restricting judges＇ sentencing discretionary power and regulating the procedure of sentencing as well as supervising adjudications. The sentencing proposal power takes fairness and justice as its＇ rule, and makes the state power of punishment and citizen＇s freedom right live in harmony.