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自1999年北京市东城区人民检察院率先行使量刑建议权以来的数十年中,量刑建议权在各地开展比较顺利,但由于立法层面和司法环境等诸多方面的问题,作为国家公权力的量刑建议权并未达到各界所期待的状况。当然,一项新的法律制度都将经历一个曲折前进的过程,检察机关量刑建议权也不例外。量刑建议权作为一个充分体现法的效率和公正的法学理论,又紧密关系着当事人的合法权益,因此研究检察机关的量刑建议权意义重大。
Since the people’s procuratorate of Dongcheng District in Beijing took the lead in exercising the sentencing suggestion power in 1999, the sentencing suggestion has been carried out smoothly in all parts of the country. However, due to many issues such as the legislative level and the judicial environment, the Sentencing Suggestion as a public power The right did not meet the expectations of all walks of life. Of course, a new legal system will go through a process of twists and turns, and the procuratorate’s right of sentencing is no exception. As a legal theory that fully reflects the efficiency and fairness of law, and also closely related to the legitimate rights and interests of the parties concerned, it is of great significance to study the power of sentencing suggestion by procuratorial organs.