Research On Criminal Defense Of Duty Crime Under The Background Of Implementation Of Supervision Law

The enactment of the Supervision Law and the realization of the legalization and standardization of anti-corruption are of great practical significance and far-reaching impact on deepening the reform of the national supervision system.It will also provide a strong legal guarantee for deepening the reform of the national supervision system and promoting the anti-corruption work.In the process of formulating and implementing the Supervision Law,it is undoubtedly a key issue to guarantee the legal rights of the respondents.Replacing "double designation" with detention is an important symbol to realize the legalization of anti-corruption.Therefore,the protection of the rights of the respondents shows a normative and enhanced trend.Meanwhile,as the constitutional right of the accused,It is very important for the respondents to obtain the help of lawyers.Unfortunately,there is no provision in the Supervision Law on the right of the respondents to obtain the help of lawyers,which makes it impossible for the respondents to obtain the help of lawyers during investigation phase.Then it triggers heated discussions in academia and legal practice.At present,the impact of the implementation of the Supervision Law on the criminal defense rights of the respondents to duty crimes has not been paid academic attention to yet.Therefore,under the background that protecting human rights is the constitutional principle and guaranteeing the defendant's right to lawyer's help,how to evaluate the provisions of the Supervision Law on the assistance of lawyers for the respondents? What practical impact will this design bring to the right of defense of the respondents of duty crimes? How to guarantee the effective exercise of the right of lawyer's assistance for the respondents of duty crimes under the established scheme? A series of questions will become the focus of this study.Based on this,this paper will analyze the development and changes of the criminal defense system of duty crimes under the background of the implementation of the Supervision Law from five parts.The first part is the introduction of this paper,which will introduce the basic background,significance,literature review,research methods and research frame of this study.The second part is the impact of the implementation of the Supervision Law on the criminal defense of duty crimes.The study finds that the replacement of "double designation" by detention helps to protect the legitimate rights of the respondents.It is gratifying that the Supervision Law has also given the respondents an adequate right of appeal and accuse.However,because the legislation does not allow defense lawyers to intervene in the investigation stage,the defense rate in the investigation stage has dropped from the high level in the anti-corruption period to zero,and the defense rate of lawyers has also changed in the trial stage and the prosecution stage.It is noteworthy that the criminal defense mechanism of duty crime cases has also undergone considerable changes,which will profoundly affect the function space of criminal defense of duty crime.The third part is about the theoretical analysis of the defense lawyer's inability to intervene in the investigation stage of duty crime.Firstly,it is not uncommon for the defendant's right of defense to be restricted at a specific stage in particular cases among legal states,which is also reflected in the provisions of the Criminal Procedure Law of China on the right to defend.However,it lacks legitimacy to deprive the right to defense directly in the investigation stage;secondly,although the reasons why lawyers can not intervene in the investigation stage are convincing,these reasons can better prove the viewpoints for restricting the right to defense;lastly,although the Supervision Law does not allow defense lawyers to intervene in the investigation stage,it strengthens the supervision and restraint on the exercise of supervisory power.The purpose of it is to protect the right of respondents by restricting the power of supervisory committee.We have a question,can we achieve the expected monitoring effect by building “supervisory interrogation” model?The fourth part is the practical dilemma of the criminal defense of duty crimes under the background of the implementation of the Supervision Law.The aforementioned analysis has shown that the implementation of the Supervision Law has brought great influence on the practice of the criminal defense system for duty crimes.Further analysis shows that the relationship of “investigation——defense” centered on the Supervisory Committee makes the criminal defense in a predicament.This not only substantially reduces the content of the rights of criminal defense,but also greatly reduces the space of criminal defense.Innocent defense and Procedural defense will be difficult and the effect of court defense will be declining day by day.The fifth part is about the future development of the criminal defense of duty crimes under the background of the implementation of the Supervision Law.After research,it is a fact that the defense lawyer can not intervene in the investigation phase in the near future,so the system of on-duty lawyer will be used to solve the problem of lawyer's intervention;secondly,in the prosecution phase,the defense lawyer should make use of the procuratorate's right to examine and prosecute and the reform of plea and punishes leniency;finally,in the trial stage,the defense lawyer should realize effective defense by substantive reform of court trial.