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检察机关量刑建议制度从开始试点至今已走过了十几个年头了。全国三十多个省(自治区、直辖市)基本上都开展了量刑建议工作,并做出了积极的努力。作为一个比较新的制度,量刑建议工作一直在质疑与反对、捍卫与坚持中曲折发展。随着新刑事诉讼法的实施,一些问题和挑战摆在了检察机关量刑建议工作面前,那么在新刑诉法实施的背景下如何完善这项工作正是本文要探讨的问题。
Prosecutors sentencing recommended system from the beginning of the pilot has gone through a dozen years. In more than 30 provinces (autonomous regions and municipalities directly under the Central Government), the work of sentencing has been basically carried out and a positive effort has been made. As a relatively new system, the sentencing suggestion work has always been questioning and opposing, defending and adhering to the twisting development. With the implementation of the new Criminal Procedure Law, some problems and challenges are placed in front of the procuratorial organs’ sentencing recommendations. How to perfect this work in the context of the implementation of the new Criminal Procedure Law is precisely the issue to be explored in this article.