Study On The Application Of The Principle Of Leniency In Confession And Punishment In Duty Crime Cases

In the reform of national institutions in 2018,the establishment of the supervisory committee in China has attracted wide attention.The establishment of the supervisory committee has changed the situation of decentralized supervisory power in the past,integrating the supervisory power together,forming a joint force of supervision,and promoting anti-corruption work more efficiently.In the same year,the’ Supervision Law ’ introduced the leniency system of guilty plea and punishment,which played a positive role in promoting the integration of judicial resources and the improvement of case handling efficiency.However,due to the need for confidentiality of duty crime cases,the supervisory organs are relatively closed in the process of investigation,and the function of legal supervision of the procuratorial organs is difficult to fully exercise.As a result,it is difficult to guarantee the voluntariness and authenticity of the confession and punishment of the investigated person,and the system of confession and punishment stipulated in the ’ Supervision Law ’ is a mere formality.In this context,the author of the ’ Supervision Law ’ guilty plea system launched a study,the efficient implementation of the guilty plea system in duty crime cases,the first is to establish a good supervision and prosecution convergence mechanism,give the procuratorial organs the real legal supervision,can not let the legal supervision of the procuratorial organs become a mere formality;at the same time,in view of the identification of guilty plea and punishment in duty crime cases and the starting standard to be unified,’ Criminal Procedure Law ’ and ’ Guidance on the application of guilty plea and punishment leniency system ’（hereinafter referred to as’ Guidance ’）as the criterion,so as to ensure the smooth implementation of guilty plea and punishment system in the process of supervision and inspection;then unified the relevant documents in the process of litigation,which is also in reference to the ’Criminal Procedure Law ’ and ’ Guidance ’ conclusions;finally,to ensure the rights of the respondents,the system of legal aid or on duty lawyers can be introduced.This paper starts from the basis of the system of guilty plea and punishment,from two aspects of theory and reality,expounds the necessity and rationality of the system in the governance of duty crime,that the system takes into account the logic connotation of theory and reality.Secondly,in the extraterritorial perspective,the analysis of the judicial process similar to the system of guilty plea and punishment,in view of the actual operation of the system of guilty plea and punishment in China,the reasonable part of the extraterritorial system for reference,so that ’ to take its essence,to its dregs.’ Again on the system of guilty plea and punishment in the judicial practice of the application of the status quo analysis,combined with the latest data,that guilty plea and punishment in the application of duty crime,the procuratorial organs in the supervision system reform after the function of the status quo,analysis of the current system of guilty plea and punishment in the operation process of some problems.Finally,based on the analysis of the problems,some views and suggestions are put forward in order to provide possible ideas for the better operation of the system.