Study On Leniency System Of Guilty Plea For Duty

The purpose of setting up the leniency system of guilty plea is to improve judicial efficiency while ensuring judicial justice,and further promote the reform of criminal procedure mechanism centering on trial.In recent years,guilty plea has been widely used in judicial practice and played an important role in the field of duty crimes.However,there are many problems to be solved in practice due to the intersection of supervision and litigation procedure.For example,the judgment standard of leniency for guilty plea is not uniform,the application of compulsory measures is single,and there is a lack of effective lawyers.Therefore,this paper is based on the application of leniency system in the case of duty crimes.Explore the development and theoretical basis of the application of guilty plea in duty crime cases,analyze the practical problems in the application process of guilty plea,according to the characteristics of duty crime cases,put forward targeted suggestions to improve the implementation of the system in practice.This paper is composed of five parts: Chapter one introduction describes the background and significance of this paper,the status of domestic research and research ideas and methods.Chapter two is a brief introduction of the legal theory about leniency of guilty plea.It mainly expounds the legal definition and basic theory of leniency of guilty plea.Among them,this paper innovatively uses Habermas’ communication action theory and public law contract theory、negotiated justice to analyze it.The third chapter focuses on the unique value and characteristics of the case of duty crime applied to the guilty plea.In terms of value,it includes the implementation of the criminal policy of tempering justice with mercy,reducing the difficulty of the proof of duty crime,and innovating the punishment mechanism of duty crime.In terms of features,supervisory organs have the right to suggest lenient punishment,make "lenient recommendation" of procedural power doctrine is strong,and the application conditions of lenient punishment for guilty plea are harsher than ordinary cases.The fourth chapter firstly analyzes the application rate,evidence type and duration of detention of guilty plea of duty crime.Secondly,according to the analysis results,it points out the practical difficulties after the application of the system in duty crimes,including the poor connection between supervision and criminal procedure,the risk of proposing "lenient punishment proposal",the lack of effective lawyers in the investigation stage,and the single design of compulsory supervision measures.The fifth chapter mainly according to the problems existing in the previous chapter to give targeted opinions,in view of the special situation of the application of overlapping procedures for duty crimes,unified the recognition and application standards of leniency of admission of guilt;The proposal of "leniency punishment suggestion" has certain risk,and it is suggested to determine the authority of supervisory organ’s suggestion right.In view of the lack of lawyers during the investigation,it is proposed to introduce the duty lawyer system in the investigation stage.In view of the single design of compulsory supervision measures,it is proposed to establish a hierarchical compulsory supervision measures system.In order to ensure the truthfulness of the accused’s confession after leniency of guilty plea,this paper suggests to improve the rules of supplementing confession.