作为刑事执行程序的重要组成部分,减刑程序的本质是对刑罚的变更,其运作程序应遵循诉讼形态。现行减刑程序不仅剥夺了检察机关和罪犯的程序参与权,而且由于缺乏有效的检察监督,难以遏止程序性违法,导致减刑的制度功能受损,因而有必要从程序性参与和监督参与两个层面对之加以完善。 As an important part of the criminal procedure, the essence of the procedure of commutation of sentence is to change the penalty, and its operation procedure should follow the lawsuit form. The current commutation procedure not only deprives procuratorial organs and criminals of the right to participate in the procedure, but also because of the lack of effective procuratorial supervision, it is difficult to stop the procedural law and result in the impaired institutional function of commutation of sentence. Therefore, Improve it.