量刑监督权与检察权关系刍议  

The Relation of Sentencing Supervision Power and Procuratorial Power

作　　者：丁铁梅 曹璨[2] 

机构地区：[1]郑州市二七区人民检察院,河南郑州450015 [2]湖南大学法学院,湖南长沙410082

出　　处：《河南社会科学》2014年第3期55-59,123,共5页Henan Social Sciences

摘　　要：检察机关在量刑规范化改革中,应充分发挥其法律监督的职能,积极参与到量刑规范化改革这一重大司法改革活动当中。但行使量刑监督权的前提是明晰量刑监督权的性质,厘清量刑监督权与检察权之间的关系。检察权是包括公诉权、侦查权、监督权在内的统称,但其本质上是法律监督权。检察机关是国家的法律监督机关,检察权是法律监督权,在法律监督权中,审判监督是检察机关法律监督权的重要组成部分。审判监督从内容上可以划分为实体监督与程序监督,其中,实体监督又可细分为定罪监督与量刑监督,量刑监督是检察权的应有之义。The prosecution in the reform of regulation of sentencing, we should give full play to their role of legal supervision, to participate actively in the sentencing standardization reform this great judicial reform activities. But the exercise of sentencing supervision is to clear the nature of sentencing supervision, to clarify the relationship between the procuratorial power and the right of sentencing supervision. The prosecution is collectively includes public prosecution, investigation power, right, right of supervision, but its essence is legal supervision power. The procuratorial organ is the state organs for legal supervision, the procuratorial power is the legal supervisory authority, in legal supervision, judicial supervision is an important part of legal supervision power of procuratorial organs. From the content of judicial supervision can be divided into entity supervision and procedural supervision, the supervision, the entity can be subdivided into the conviction and sentencing sentencing supervision supervision, supervision is the proper meaning of procuratorial power. The patent administrative law enforcement system of China has the following three major problems, first, the subject of patent administrative law enforcement has defects; second, as one of the patent law enforcement mainly based on 'patent administrative law enforcement measures' there are defects in legislation; third, the patent administrative enforcement procedure defect. In order to further improve China's patent administrative law enforcement system, shall be given administrative department of the State Council administrative authority for patent, the patent administrative enforcement system and perfect the administrative penalty system as well as the patent administrative enforcement procedures.

关 键 词：量刑监督 检察权 法律监督 

分 类 号：D9[政治法律—法学]