Research On The Application Of The System Of Plea Guilty And Punishment Leniency In The Stage Of Supervision And Investigation

The system of pleading guilty and lenient punishment is a further improvement and development of the criminal policy of combining leniency with strictness,and it has the necessity and feasibility of application in the stage of supervision and investigation.In order to fundamentally establish a system “fence” that cannot be corrupted,dared not corrupted,or do not want to be corrupted,the reform of the supervisory system has changed the integration of the investigation,prosecution and prosecution of anti-corruption and anti-corruption departments of procuratorates in duty crime cases;The Supervision Law of the People ’s Republic of China(hereinafter referred to as the “Supervision Law”)stipulates a leniency system for pleading guilty and punishment,with a view to enhancing the efficiency of investigating and handling crimes on duty under the premise of respecting and protecting human rights.Unfortunately,the relevant provisions of the Supervision Law applicable to the leniency system of pleading guilty and punishment are relatively simple.In practice,the inspection process of the supervisory organ is highly closed.At the same time,after the full coverage of the investigation objects of the duty crime,the procuratorate and the court may be overwhelmed by supervision.The authority’s "high weight",the review of the application of confession and punishment in the investigation process is in the form of a formality,which makes it difficult for the respondents to plead guilty and punishment,and the legality of the evidence collected is difficult to guarantee,making it difficult to achieve the original intention of the application of the leniency system.In view of this,it should be based on China’s national conditions and the reality of investigations of official crimes,focusing on the dual perspectives of "disciplinary and legal linkage",perfect the rules of leniency in confessing punishment and punishment in supervision law,and give full play to the system of leniency in confessing punishment and punishment in supervision Function.In addition to the introduction,this article will mainly conduct research from the following four aspects.The first part focuses on the basic theory of the system of plea and punishment leniency in the criminal justice field,based on the special positioning of the "political organs" of the supervisory organs and the needs of the reform of the supervisorysystem,exploring the unique value of the system under the "discipline and law integration".The second part focuses on combing the laws,policies and practical foundations applicable to the leniency confession and punishment leniency system at the investigation stage,and discusses the feasibility of applying the system at the investigation stage.The third part focuses on the application status of the leniency plea confession system in the current investigation procedures.By conducting investigations at the grass-roots disciplinary inspection and supervision organs,we can understand the basic situation of the application of the system at the grassroots case-handling organs,based on the practice of the supervision system reform,overview of the application and overview of the system since the implementation of the Supervision Law for one year,and analyze the current system operation.Issues such as ambiguous application of the case,loosening of evidence investigation requirements,different understanding of confession and punishment,leniency,confusion,poor effectiveness of voluntary guarantees of guilty plea,and poor connection with criminal proceedings.Based on the dual perspectives of discipline and law,the fourth part puts forward ideas and suggestions to strengthen and standardize the application of the leniency confession punishment system in supervisory investigations: clarify the scope of cases where the leniency confession punishment system applies in the investigation stage,and unify the “confess guilt” in the investigation The determination criteria and evidence requirements of "confession and punishment",refine the guidance on sentencing,clarify the stepped leniency,explore the connection between the leniency confession and punishment leniency system in the investigation stage and the criminal procedure stage,and under the premise that the defense lawyer cannot intervene in the investigation stage Solve the key problem of the application of the system-the voluntary guarantee of the pleaded guilty of the investigator,combined with the conversion of the "four forms",further broaden the "relaxation" channel,and establish a supervision and investigation phase that conforms to the "legal and legal connection,disciplinary connection" The leniency system of pleading guilty and punishment.