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检察机关一直以来对审判机关的监督主要以抗诉为主,量刑建议作为一种专门针对审判机关量刑均衡的监督措施,未能发挥其应有的作用。本文对量刑建议在国内的现状和影响及其应有的因素进行分析,阐述量刑建议的法理和必要性,并对如何更好应用量刑建议,使之成为一项有效的监督手段提出相关制度构建的意见。
The procuratorial organs have been mainly supervising judicial organs mainly in the form of protest. Sentencing recommendations have not been able to play its due role as a supervisory measure specifically aimed at the balance of sentencing of judicial organs. This article analyzes the status quo and influence of sentencing recommendations in the country and their due factors, elaborates the jurisprudence and necessity of sentencing recommendations, and makes recommendations on how sentencing can be better applied as an effective means of supervision to put forward relevant systems Views.