关于构建和完善量刑建议制度的思考

Thought of Establishing and Perfecting Suggestion System of Sentencing

长期以来,我国庭审的核心侧重于定罪而非量刑,量刑一直是法官独享的权力,量刑的不公开化致使一些案件的量刑不公正、不平衡,影响了司法的权威性。量刑建议权是检察机关代表国家行使求刑权的有力途径,也是国家刑罚权运行的重要方面。检察机关行使量刑建议权不仅符合当前司法改革的方向,在实践中也具有重大的现实意义。由于我国当前的量刑建议制度尚处于探索阶段,相关规定亦有一些模糊之处,应当从增强可操作性入手,制定统一的量刑建议规则和量刑标准,规范量刑建议的形式和内容,建立健全监督和测评机制,促进量刑建议制度的构建与完善。

For a long time, our court focuses on conviction rather than sentencing, and sentencing always is the judger＇s monopoly power, which leads to the injustice and imbalance of sentencing and affects the judicial au- thority. The right of sentencing suggestion is not only the powerful way to exercise the punishment on behalf of the state＇s procuratorial organs, but also an important aspect of the penalty power. It conforms to the current ju- dicial sentencing reform direction that the procuratorial organs exercise the right, in practice, it also has the sig- nificant practical significance. Because the current system is still in exploration stage, relevant provisions also have some vagueness, and the operability should be enhanced, it is expected to start from the unified sentencing recommendations rules and sentencing standards, regulate the form and content, establish and perfect the super- vision and evaluation mechanism, and finally promote the construction of the system.