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近年来,随着我国公诉改革的稳步推进,量刑建议制度逐渐进入人们的视野,引起理论界和实务界的普遍关注。量刑建议权是公诉权的一部分,是一种司法请求权,是一种程序性权力,是行使的审判监督权的途径。量刑建议权对于司法公正、提高诉讼效率、完善公诉权能和强化控辩对抗等都有重要意义。我国的量刑建议制度研究尚处在起步阶段,本文就我国量刑建议制度构建中需要解决的一些问题提出了设想。
In recent years, with the steady progress of the prosecution reform in our country, the sentencing recommendation system has gradually entered the field of vision, arousing the widespread concern of theorists and practitioners. The sentencing suggestion power is a part of public prosecution power, a kind of judicial power of claim, a kind of procedural power and a means of exercising the right of trial supervision. The sentencing suggestion power is of great significance to justice, to improve litigation efficiency, to improve the power of public prosecution and to strengthen the confrontation between prosecution and defense. The study on the system of sentencing in our country is still in its infancy. This paper presents some ideas to be solved in the construction of the system of sentencing in our country.