检察机关量刑建议权的法理研究

从权属特征、诉讼价值、法理基础3个方面对量刑建议权展开法理研究。量刑建议权作为检察机关公诉权的组成部分,具有专属性、程序性、非终局性3个权属特征;促进量刑公正是量刑建议权的首要价值,除此之外,提高诉讼效率、完善监督渠道、提升业务水平也是量刑建议权的诉讼价值;在法理上,量刑建议权既符合不告不理原则,更符合权力制衡原理。

Legal Study on Proposal Right of Sentence Discretion by Procuratorates

The paper studies the proposal right of sentence discretion from the perspectives of power fea- ture, litigation value and legal basis. As part of right of public prosecution of the procuratorial organs, the pro- posal right of sentence discretion has three features of specificity, procedural and non - finality. Promoting the fairness of sentencing is the primary value of the proposal right of sentence discretion. Besides, improving the efficiency of litigation, perfecting the channel of legal supervision and improving the profession level are also the actionable values pursued by the proposal right of sentence discretion. On the legal basis, the proposal right of sentence discretion conforms to the theory of balance of powers as well as the principle of no trial with-out complaint.