Trial Implementation And Completion Of The Defence Aid System Of Disciplinary And Sensorial Cases

At the present, our country is in a critical period of reform and development, some corruption phenomena of certain places, sections and domains are developing in various forms, and the anti-corruption situation is still grim. As an important part of anti-corruption system in our nation, discipline inspection and supervision plays a vital role in investigation and punishment of all kinds of violation cases of Communist Party of China(CPC) through investigation and treatment of all kinds of corruption cases and the serious punishment of corrupters. The case trials of discipline inspection and supervision is highly lawful. However, the problems remain to be considered by discipline inspection and supervision organs of all levels, such as the clarification of facts, the confirmation of evidence, the accuracy of characteristics, the appropriateness of dealing, the completion of formalities and legitimation of procedures. Previously, the problem of "substance overemphasis, procedure neglection" stands out in the case trials. Now, the standards of case trials become higher as the society develops and the rule of law progresses.In recent years, following some successful case trials of judicial mechanism, disciplinary inspection and supervision mechanisms tried and explored a lot in modes of case trials. In2003, discipline inspection and supervision department of Jiangsu province and Yancheng county, actively launched the work of trial defence aid of disciplinary cases on the basis of local conditions and the combination of characteristics of discipline inspection and supervision. Subsquently, the case trial defence aid develops all over the country. From the current implementation situation, after the introduction of case trial defence aid, disciplinary inspection and supervision mechanisms give the respondents rights to ask for defence from their mandataries and voice their opinions and defend for themselves, and the inquisitors can hear the voice from people of all sides in a more clear and open environment, which fully embodies the people-oriented idea, ensures the democratic rights of respondents, consolidates the supervisory and restrictive system, effectively promotes the democratization, openness and normalization of the country.However, problems still remain. For example, the following four questions are still unsolved:if all the cases are suitable for trial defence aid; what kind of mode is the most effective one, and whether the cases should be brought into the open; how to determine the range of defenders, and whether lawyers are allowed to help to defend;how to define the rights and obligations of the defenders; whether all the evidence that determines the cases should be open to respondents and defenders, etc. For the above problems, disputes still exist between the theroetical and practical cycle whhich affects the effectiveness of the investigation of cases. Therefore, a thorough study of the case trials defence aid system, on the premise of just and efficiency, proposes rational suggestions on the standardization of related procedures and the completion of related systems, will have important implications in promoting the normalization of cae trial defence aid, bringing the work of discipline inspection and supervision into the unified track of law, and pushing the anti-corruption construction forward.