On The Leniency Of Pleading Guilty And Punishment In Duty Crimes

After the reform of the national supervisory system,the newly established National Supervisory Committee uniformly performed functions such as investigation of official crimes,disciplinary inspection within the party,and prevention of official crimes.After being investigated by the supervisory organ,the case of duty crime is transferred to the judicial organ and transferred to the criminal procedure.The newly added leniency plea punishment and punishment leniency system in the Criminal Procedure Law Amendment demonstrates the basic criminal policy of "combining leniency and strictness" at the normative level,and is an important reform of China’s criminal justice system.Handling cases of duty crimes,the application of leniency in confessing and confessing punishments,involving the convergence of the reform of the supervisory system and the reform of the judicial system,is of great significance for punishing duty crimes in a timely and efficient manner and strengthening the human rights protection of the investigated.In this context,the newly formulated "Law of the People’s Republic of China on Supervision"(hereinafter referred to as the "Law of Supervision")has added provisions for pleading guilty and punishment,compared with the "Criminal Procedure Law of the People’s Republic of China"(hereinafter referred to as the "Criminal Procedure Law"),The leniency of confession and punishment in the Supervision Law differs in the application stage,applicable conditions,applicable procedures,procedural guarantees and leniency methods,which is the direct cause of the plight of the connection between the two laws of confession and punishment for duty crimes.The application of confession and punishment for punishment and punishment in duty crimes involves the connection between the investigation procedures of the supervisory authority and the criminal procedure,the connection between the Supervision Law and the Criminal Procedure Law,and the intersection between the political and judicial fields.It has important practical and theoretical significance..In order to solve the problem of application of confession and punishment in the case of duty crime in judicial practice,it is necessary to fundamentally grasp the necessity,dilemma and causes of the application of confession and punishment of confession in duty crime.This article mainly uses the literature research method and the empirical analysis method to expand the narrative from the following five aspects:The first part is to summarize and summarize the confession and punishment systems in the Criminal Procedure Law and Supervision Law from the normative level.It mainly introduces the legislative content,basic evaluation of the two and the differences in their application.Confession problem.The second part is to analyze the necessity of applying confession and punishment in the case of duty crimes from the perspective of practical needs,including the four aspects of making up for the lack of evidence for duty crimes,connecting the judicial system and the reform of the supervision system,improving the efficiency of litigation,and highlighting the criminal policy of leniency and strictness Highlight the practical significance of the discussion.The third part is from the judicial practice,analysis of the plight of applying leniency in confessing guilt and punishment in case of duty crime.Discussions were mainly carried out from the four aspects of the supervisory authority’s leniency recommendations:unclear legal effect,clashes before and after the confession and punishment procedures,inconsistent judgment standards,and insufficient protection of the investigator’s litigation rights.The question is based on judicial practice,the purpose is to point out the direction for further problem solving.The fourth part is carried out from the theoretical and practical level,and it is the analysis of the reasons for the conflict of confession and punishment in the case of duty crime.Reasons at the theoretical level include the particularity of the applicable laws and their own attributes of the investigative authority’s investigative power,and legislative and technical reasons.Reasons at the practical level include the strong status of the supervisory authority,high-efficiency anti-corruption,and conflicts between the procedural rule of law.Suggestions for the next stage of improvement Provides principle guidance and base point.The fifth part is the perfect suggestion on the plight of pleading guilty and punishment for duty crimes.The first is to ensure the consistency of the leniency of pleading guilty and punishment and the starting standard,which is a normative measure;secondly,the use of standardized and unified plea punishment documents to ensure smooth connection;Once again,by referring to the relevant provisions of the Criminal Procedure Law,the procedural rights of the investigators of duty crimes are guaranteed,and then the working mechanism of supervision and prosecution linkage is established;finally,through supervision avoidance and improvement of the quality of supervision personnel,the implementation of judicial independence and justice leading.