Research On The Application Of Lenient Punishment Principle In The Investigation Of Job-related Crimes

In order to keep punishing corruption fighting against high pressure situation,build a fundamentally not "fence" of system,supervision system reform of the institutions and functions integration,changed the people's procuratorate integration of ZiZhen self-examination in duty crime,and the law of the People's Republic of China on inspection act introduced a plea forfeit their milder course,in an effort to protect human rights under the premise of the efficiency of ascension to handle the duty crime cases.But given the supervisory organs closed colour dense duty crime investigation process,there may be people surveyed confessed forfeit their voluntary,collect the problem of legitimacy of evidence is hard to guarantee,and supervision committee positions,procuratorate and court may fear a complete coverage of the duty crime investigation object and with the commission for discipline inspection offices office dominance,pleaded guilty to forfeit their applicable examination become a mere formality.Based on China's national conditions and practices abroad,the author believes that lawyers should be allowed to intervene in the investigation stage of duty crimes,and provide substantive examination by the procuratorate and institutional guarantee for judicial review by the court,so as to supervise and restrict the duty crime investigation applying the principle of lenient punishment for admission of guilt.The author starts from the application of the lenient punishment system in job-related crimes,and mainly discusses it through comparative research methods to complete this paper.This paper consists of four parts:The first part discusses the necessity of applying the principle of lenient punishment to job-related crimes through analyzing the characteristics of job-related crimes and establishing the lenient punishment system.The second part discusses the risk of applying the principle of lenient punishment in the process of official crime investigation from three aspects:the voluntary nature of confession,the legitimacy of evidence and the selective law enforcement by supervisory organs.The third part,by referring to the plea bargaining system of the United States and the United Kingdom,the consultation process in Taiwan and the practical experience of the Hong Kong independent commission against corruption,seeks for the system construction path of solving problems and reducing risks.The fourth part explores the application of the principle of lenient punishment in job-related crimes from the aspects of the quality of the investigators of supervisory organs,the improvement of the judicial review of the court and the legal supervision procedure of the procuratorate,and the lawyers' intervention.