未成年人犯罪量刑建议实证分析

国际社会对未成年罪犯的非刑化、轻刑化、非监禁化处置已成为主流趋势。近年来,我国社会各界对未成年人犯罪加强司法保护的呼声逐渐高涨,日益影响着司法实践。量刑问题是刑法理论的缩图,量刑建议是检察机关行使公诉职能和监督职能的新的举措和重要方式,对实现刑罚个别化,保护未成年当事人合法权益具有重要的积极意义。实践中,检察机关对未成年人刑事案件作出量刑建议仍在积极探索和经验准备阶段。

Analysis of Sentencing Suggestion of Juvenile Crimes

It has become a main trend in international society that the juvenile crime would get lighter punish- ment or even no imprisonment, so does our judicial practice try to appeal in protecting the juvenile legally in re- cent years. Sentencing belongs to the theory of the criminal law, and the sentencing suggestion is a new way for the procuratorial organs to exercise public prosecution and supervision so as to realize the penalty individuation and protect the juveniles＇ legal rights. However, it is still in exporing and preparing stage in our procuratorial practice.