关键词: 刑事诉讼, 法律文书, 量刑, 量刑建议书, 公诉机关

Abstract:

At present，sentencing proposal，an important legal document in criminal procedures，is faced with problems like lack of legislation support and jurisprudence bottlenecks. In addition to problems in the writ itself and in the effectiveness of execution，there also exist such problems in practice as lack of normative format，obscure judicial positioning and unjustified internal remedies. And alienation also exists in the conception of the subject and the other parties. However，as “an extension of the function of public prosecution，a demand of the function of supervision，and an assistance to judicial function and a boost to preventive function”，sentencing proposal cannot be cancelled in spite of these problems. Instead，to ensure the effective and legitimate performance of sentencing proposal，regulatory work should be done on “document normalization，positioning regularization，rules reshaping，dynamic maintaining，perception reversing，advantages promoting，interaction strengthening，and supervision enhancing”.

Key words: criminal procedure, legal documents, measurement of penalty, sentencing proposal, public prosecution organization