一、对检察求刑权与法院量刑权关系的疑问目前以检察学领域为主导的量刑建议权研究如此热烈而深入,以致让传统上属于司法裁量领地的法官量刑权力仿佛陷入兵临城下的困境。具有代表性的观点是,检察机关的求刑权(即量刑建议权)是公诉权的固有内核。作为一种权力(而非权利)它具有正当性和合法性:作为一种诉权,它启动司法机关的量刑权,可以让控辩对抗的诉讼结构在量刑程序中得以延续,并且为检察机关量刑抗诉提供合法性基础。因此,通过提出具体的量刑建 First, the prosecutor’s plea and the court sentencing the relationship between the power of doubt At present, prosecutorial science-based sentencing advice is so heated and in-depth study, so that the traditional jurisdictions of judges sentencing jurisdiction seems to fall into the plight of Binglin city. The representative point of view is that the procuratorial organs’ seeking power (that is, the right of sentencing) is the inherent core of public prosecution power. It has legitimacy and legitimacy as a kind of power (as opposed to rights): as a kind of litigation right, it initiates the sentencing power of the judiciary and allows litigation structure of prosecution and defense to be continued in sentencing procedure and sentencing prosecutors Protest provides the basis of legitimacy. Therefore, by proposing specific sentencing