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Research On The Leniency System Of Pleading Guilty And Admitting Punishment From The Perspective Of Supervision Law

Posted on:2022-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:J D GuoFull Text:PDF
GTID:2506306527458014Subject:Law
Abstract/Summary:PDF Full Text Request
As a result of the reform of the national supervision system,the "Supervision Law" reintegrates important functions such as the review and investigation of official crimes and the prevention of official crimes.However,while punishing official crimes,relevant departments are also exploring new ways to improve the efficiency of investigations.The leniency system for confessing guilt and punishing is a new system added to the amendment to the Criminal Procedure Law.This system implements the criminal policy of "combining leniency and strictness" from the standard level,and is an important achievement of my country’s judicial system reform.Articles 31 and 32 of the "Supervision Law" stipulate a leniency system for confessing guilt and punishing crimes on duty.Studying the confession and punishment system from the perspective of the Supervision Law is conducive to the more efficient handling of official crimes by the supervisory department,and it is also conducive to the implementation of the Party Central Committee’s policy of "punishing the past,treating the sick and saving people",so as to achieve the effect of preventing official crimes.At present,the application of the leniency system for confession of guilt and punishment in case of duty crimes still has certain shortcomings in theory and practice.For example,the identification standard and scope of the application of the leniency system for confession of guilt and punishment in the Supervision Law are not clear,and the protection of the person under investigation is somewhat unclear.Deficiencies and the work connection between the supervisory agency and the procuratorial agency in judicial practice,grasp the necessity of the system of confession of guilt and confession in the supervision law,and further analyze the current difficulties in the application of the system of confession,confession and punishment in the supervision law,and propose perfect measures.As necessary.This article uses empirical research and comparative analysis,combined with the analysis of existing legal regulations and judicial case data,and puts forward suggestions for improvement.Firstly,it clarifies the applicable conditions of the leniency system for affirming a guilty confession,acknowledging guilt,confessing guilt and admitting punishment,and realizing improvement measures through the normative level;secondly,establishing supervision The rights protection mechanism of the person under investigation guarantees the authenticity of the confession of the person under investigation;finally,it regulates the connection mechanism between the supervision law and the criminal procedure law for confession and punishment,and establishes the work linkage between the supervision and procuratorial organs to ensure smooth connection..
Keywords/Search Tags:Supervision Law, Leniency System for Plea and Punishment, Duty Crimes
PDF Full Text Request
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