论检察官的刑事裁量权

On Prosecutor's Jurisdiction of Criminal Actions

传统理论认为 ,量刑是人民法院行使刑事案件审判权的表现 ,只有法官才有刑事裁量权。根据现行法律和检察工作的实际需要 ,检察官也应当充分行使刑事裁量权。检察官刑事裁量权具有特殊表现和特性。

Traditional theories maintain that the measurement of penalty is the expression of people court's performance of judicial authority over criminal actions, and that only judges can have the jurisdiction of criminal actions. Based on the laws in effect and practical needs of procuratorial work, the article puts forward the idea that prosecutors should also fully perform the jurisdiction of criminal actions. prosecutors' jurisdiction on criminal actions has its manifestations and charactoristics.