随着检察制度改革和创新的推行,一些地区的检察院开始尝试引进量刑建议机制,于实践中积累了一定的经验,取得了较大成效,同时也遇到许多难题,如量刑建议制度在我国缺少立法依据。本文认为,量刑建议作为一项新制度,对优化我国检察机关的公诉权、制约法院审判权中的量刑自由裁量权起着重要作用,也是司法体制改革的重要举措。然而,我国的量刑建议刚处于起步阶段,我们的首要任务应就“量刑建议”的法律定位、法理依据加以研究探讨。 With the implementation of procuratorial system reform and innovation, the procuratorates in some areas began to try to introduce sentencing recommendation mechanism, gained some experience in practice and achieved great success. At the same time, they also encountered many problems, such as the lack of sentencing recommendation system in our country Legislative basis. This paper argues that the proposal of sentencing as a new system plays an important role in optimizing the prosecutorial power of procuratorial organs in our country and restricting the discretion of sentencing in the judicial power of the courts. It is also an important measure for the judicial system reform. However, the sentencing suggestion in our country is just at its infancy, and our primary task should be to study and discuss the legal orientation of “sentencing advice” and the legal basis.