检察机关量刑建议的规范化——基于实证分析的视角

A Study on Standardization of the Sentencing Suggestion to Procuratorial Organs——From the Perspective of Empirical Study

量刑建议权是公诉权的固有内核,亦是法律监督权的当然体现。当前,量刑建议制度的研究与践行已较为深入,从中央到地方都出台了大量的指导性文件,为司法实践提供了基本的范式,也将量刑建议纳入我国量刑程序改革的具体步骤。但是由于既存的理论争议与实践障碍,量刑建议在具体施行的过程中仍然存在一些问题。因此有必要基于实证分析的路径,以《刑事诉讼法》及相关司法解释为依据,对量刑建议理论与经验进行进一步的梳理,对量刑建议程序及配套制度进行进一步的构造,以促进其规范化的发展。

The sentencing suggestion right claims to be the inherent core of public prosecution right. Mean- while, it is also the practical embodiments of legal supervision right. At present, the research and practice of sentencing suggestion system has been more in-depth, with abundant guiding documents from governments of all levels providing as a basic paradigm for the judicial practice,together with the sentencing suggestion system incorporated into the sentencing process reform. However, due to the existing theoretical disputes and practical obstacles, there are still some problems in the practical operation of sentencing suggestion system. According to the empirical analysis,as well as the ＂Criminal Procedure Law＂ and the related judi- cial interpretation,it is of necessity to further sort out the theory and experience,and thus improve the procedure as well as the supporting system. In that case, the sentencing suggestion system will be finally standardized and greatly advanced.