关于赋予检察机关量刑建议权的思考——从许霆盗窃一案说起

最近，许霆盗窃案引起了人们持续的关注和深入的思考，在强大的舆论压力下，此案的被告人许霆最终经历了从被判处无期徒刑到5年有期徒刑的惊险蹦极，一审重审判决的刑期大大缩短，似乎舆论、民意在与司法的较劲中获得了胜利。这种度身订做的判决涉及一系列的问题，并从中读到了赋予检察机关量刑建议权的可行性和必要性。

Innovating Legal Supervision Mechanism and Endowing Procuratorial Organs with the Proposal Right of Sentence Discretion-Reflections from the Case of Xu Ting

Recently the case of Xu Ting has drawn continuous attention of people and created a comprehensive consideration. Under the pressure from public opinion, the accused person Xu Ting has experienced a feeling of bungee jumping from a sentence of life imprisonment to a sentence of five-year imprisonment. The term of imprisonment was shortened largely and it seems that the public opinion has won the competition in the struggle with judicature. The tailor-made trail involves a series of problems. However, the present writer finds from the case the feasibility and necessity of endowing procuratorial organs with the proposal right of sentence discretion.