检察机关参与量刑程序是司法发展的必然规律和中央关于司法制度改革的重要环节。而量刑建议制度在我国还处于起步阶段,明确量刑建议的概念和检察机关行使量刑建议权的法理依据是检察机关参与量刑程序的前提和关键。本文从探索其法理基础入手,对检察机关参与量刑程序的构建提出具体措施,以期有益于司法实践的改革完善。 The procuratorial organ’s participation in the sentencing procedure is the inevitable law of the development of the judiciary and the important link of the central government’s reform on the judicial system. However, the sentencing recommendation system is still in its infancy in our country. It is clear that the concept of sentencing recommendation and the legal basis for procuratorial organs to exercise sentencing suggestion are the preconditions and key points for procuratorial organs to participate in sentencing procedure. This article starts with exploring its jurisprudence basis and puts forward concrete measures for the procuratorial organs to participate in the construction of the sentencing procedure so as to be beneficial to the reform and improvement of judicial practice.