【作者】 周伟；

【导师】 赖宇；

【作者基本信息】 吉林大学 ， 法律， 2006， 硕士

【摘要】 量刑建议权是一种司法请求权,属于检察机关公诉权的范畴,公诉权的下位权力,目前高检院已经将当庭提出量刑建议确定为检察改革之一,在追求“公正和效率”的前提下,近几年,检察机关积极探索当庭提出量刑建议。将量刑问题透明化,也为法官量刑提供了参考,提高量刑程序的透明度和量刑的可预测性,保障量刑的公正。本文就量刑建议权的概念、特征、原则进行了界定,并对域外量刑建议制度考量,量刑建议权是一种司法请求权,属于检察机关公诉权的范畴,公诉权的下位权力,其次从实行量刑建议制度的法理基础、法律基础、诉讼价值进行分析,认为量刑建议制度是符合诉讼原理要求,体现控审分离原则,加强审判监督的有力手段,再次,在对我国开展量刑建议进行现实考量,由于刑法量刑规定,法官自由裁量权过大,导致在法律适用上随意性很大,而传统的公诉仅就定罪进行指控,目前一些基层检察机关进行量刑建议,取得很好的效果,最后,提出了量刑建议制度的构建,由于各地在量刑建议的操作上不统一,结合笔者实践中的体会,构建了符合实务操作的量刑建议制度。由于笔者水平有限,文中论点很可能有许多不足之处,望各位老师指正。更多还原

【Abstract】 In recent years, for the improvement of judicial justice and the realization of the principle for public welfare in procuratorial activities, some of the basic-level people’s procuratorates gradually develop the experiment of the suggestion for measurement of penalty. The suggestion for measurement of penalty is a new thing appeared in procuratorial reform in recent years. It is to exhibit issues concern measurement of penalty. From the counterplea between the accuser and the defendant, we can see how the penalty is measured and reasoned, and what legal evidences are used, so that the two sides know the process and consequences of measurement of penalty. In this way, the justice of measurement of penalty can be guaranteed.The right of suggestion for measurement of penalty is a kind of judicial requirement, and belongs to the domain of the right of public prosecution of the investigating and prosecuting apparatus. In the theories of prosecution, it can be defined in a broad and a narrow sense. Broadly speaking, it refers to the general suggestions as heavier punishment, lesser punishment etc. made by investigating and prosecuting apparatus from the opinions of public prosecution according to some of the plot of a case. Narrowly speaking, it refers to the right of the investigating and prosecuting apparatus represented by public prosecutor to offer specific requirements to people’s court for a certain punishment of the defendant. Requirements concern the kind, period of punishment and execution can be offered. The discussion of this thesis about the right of suggestion for measurement of penalty is based on its narrow sense.The right of suggestion for measurement of penalty essentially belongs to the right of public prosecution, which as a kind of judicial requirement, is formed on the basis of the mastery of a nation and is a kind of requirement of punishment. As a sub-right of public prosecution, the right of suggestion for measurement of penalty is characterized as the right of requirement, non-conclusive, free for sentence and legal supervisory. As a system, the更多还原