Research On The Improvement Of The System Of Confession And Leniency In The Supervisory Investigation Procedur

Under the background of promoting the reform of the national supervision system,in order to better connect with the criminal procedure law,the supervision law stipulates the application of the leniency system of confession and punishment in the investigation of job-related crimes,but the specific provisions of the leniency system of confession and punishment are different between the two laws.In order to implement the criminal policy of tempering justice with mercy,crack down on crime and protect human rights,the application of the confession system in the stage of supervision and investigation is of great value,but there are also many deficiencies,such as the unclear specific provisions of the system,and there will be obstacles to the connection with the criminal procedure in the implementation,Based on the special status of the supervisory organ with strong political attribute,the legitimacy of the evidence collected by the investigators is in doubt;The lack of participation of lawyers and the supervision of a third party has damaged the voluntariness and authenticity of the respondent’s confession and punishment.Therefore,in order to improve the application of leniency in confession and punishment in job-related crime cases,we should improve from many aspects.We can unify the identification and application standards of leniency in confession and punishment,clarify that the handling principles of the procuratorial organs’ suggestions on leniency should be based on the principle of general adoption,with special circumstances as exceptions,and establish a review and supervision mechanism for the respondent’s confession and punishment,Procuratorial organs should adhere to the principle of "giving priority to post examination,supplemented by early intervention",and do a good job in connection with the criminal procedure law.For the protection of the basic rights of the investigated personnel,we can make the investigated personnel fully understand the system of guilty plea and punishment,protect the right to know of the investigated personnel,set up a limited lawyer assistance system,set up lawyers to provide some routine legal services for the investigated personnel,and standardize the scope of their specific services by clarifying the notification obligation of the supervision organ,At the same time,the respondent is given the right to plead and reconsider the objection of pleading guilty and admitting punishment,so as to strengthen the protection of the respondent’s special rights in the above ways.In order to prevent the investigation organ from illegally obtaining evidence and ensure that the evidence can be standardized in application,the exclusionary rules of illegal evidence in criminal procedure can be invoked to exclude the evidence obtained by illegal means;Clarify the principle of no doubt crime,and make an explanation conducive to the behavior in the case of insufficient evidence.At the same time,we can introduce the tainted witness testimony system to reduce the difficulty of evidence collection,so as to improve the evidence acquisition and evidence application system.Finally,by strengthening the substantiation of the examination of the procuratorial organ,improving the avoidance system of supervisors,improving the quality of supervisors and establishing the internal supervision mechanism of the supervision organ,we can improve the design of the supervision organ itself.Finally,the design of the supervisory organ itself needs to be further improved.The prosecutors in the jurisdiction can be given "immunity" from the investigation of the supervisory organ in the jurisdiction to a certain extent,so as to ensure that the procuratorial organ can conduct substantive review on the confession and punishment in the investigation stage,establish and improve the supervision mechanism within the supervisory organ,establish a relatively independent supervision department within the organ and do a good job in the supervision of the superior supervisory organ.At the same time,In terms of the quality of investigators,regular training can be carried out to improve their political literacy and professional ability.The first part: introduces the background and significance of this article.The second part: It analyzes the legislative design of the leniency system of confession and punishment in the Supervision Law.This part analyzes the differences between the two by comparing with the lenient system of confession and punishment in Criminal Procedure Law.The third part: the necessity of applying leniency of confession and punishment in the investigation stage.This part analyzes the necessity of applying leniency to confession and punishment in the investigation stage from the internal requirements of duty crimes,the implementation of the criminal policy of combining leniency with severity,the fight against crimes and the protection of human rights.The fourth part: Analysis of the deficiency of the suggestion system of lenient punishment after pleading guilty in the Supervision Law.This part is mainly about the problems existing in the design of leniency system of confession and punishment in the supervision and investigation procedure,which is mainly reflected in the problems of convergence with leniency system of confession and punishment in criminal proceedings caused by the unclear relevant provisions of the system;The authenticity and voluntariness of confession and punishment are not guaranteed;The legality of the evidence obtained in the investigation procedure is difficult to guarantee;The effectiveness of the lenient punishment proposal cannot be guaranteed,and there may be several possible aspects of selective investigation by supervisory investigators.The fifth part: the improvement measures of the proposed system of lenient punishment after pleading guilty in the Supervision Law.This part is mainly aimed at some problems existing in this system,and puts forward relevant suggestions for improvement.By unifying the identification and application standards of lenient treatment of confession and punishment,standardizing the text records,clarifying the principles of procuratorial organs’ treatment of lenient punishment suggestions,and establishing the examination and supervision mechanism of the respondent’s confession and punishment,we can improve the legal provisions,clarify the specific applicable rules,and make a good connection with the criminal procedure law.The special rights protection of the investigated persons can be strengthened by clarifying the obligation of informing of the supervisory organ,guaranteeing the right to know of the investigated persons,setting up a limited lawyer intervention system and establishing the channels for the relief of the rights of the investigated persons.Through the exclusionary rule of illegal evidence,we can guide and standardize the evidence-taking behavior of investigation organs,clarify the principle of never suspecting a crime,and build a tainted witness testimony system to improve the system of obtaining and applying evidence.Finally,through strengthening the substantive examination of procuratorial organs,perfecting the withdrawal system of supervisors,improving the quality of supervisors and establishing the internal supervision mechanism of supervisory organs,the design of supervisory organs can be improved.