"Cop A Plea,Pesistance Severely" Applicability Analysis In The Career Crime Investigation Of The Criminal Policy

Career Crime Investigation is a crucial part of China’s anti-corruption efforts.Effective investigation could be the key point of restoring criminal facts and crackingdown crimes completely and promptly. Bribery and corruption cases, nowadays, havea great impact on government image. With changeable means of crimes, the identityand role of the suspect become increasingly covert than ever before. However,investigators have to endure a long and tough process, fighting with a group of highIQ guilty party full of social experience.In such circumstances, the limitations on thetechnical investigative techniques in the procuratorial organ make the matter evenworse. Career Crime Investigation is facing a dilemma. The judicial costs are far morethan imagination while the rate of solving crimes is not fully up toexpectations.Taking into account the special status of the suspect in the investigation,how to take advantage of the interrogation stage to obtain the authentic confessionfrom the suspect while to protect his legal rights and interests is one of the majorthemes in this area.The idea of“Leniency to those who confess, severity to those whoresist” nowadays is gradually accepted and is formally into the criminal policy. It ispossible to imagine that the interest swap between investigation organs and suspectsunder the penal rule is feasible. Under such assumption, the suspect is regarded as arational man with free consciousness, who could recognize the impact of his actionsand the outcomes thus make the best choice. Therefore, in terms of both psychologicalneed and economic benefit, the suspect grows increasingly to rely on the idea of “Leniency to those who confess, severity to those who resist”. In this thesis, thewriter draws on the experience from the Plea bargaining system in America, andsuggests applying transaction of investigation and debate system during theinvestigation of Career Crime Investigation. The writer will mainly discuss thenecessity and practicability of this system in order to make the application of the ideaof “Leniency to those who confess, severity to those who resist” match the actualrequirement in the investigation practice. The conflicts between the system and thelegal principle “justice” would also be considered and analyzed in the thesis.