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Leniency System Of Confession And Punishment Of Duty Crime

Posted on:2021-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z WangFull Text:PDF
GTID:2416330602470870Subject:Law
Abstract/Summary:PDF Full Text Request
In order to deepen the reform of the national supervision system,strengthen the supervision of all public officials exercising public power,realize the comprehensive coverage of national supervision,and promote the modernization of the national governance system and governance capacity,the supervision law of the people's Republic of China(hereinafter referred to as the "supervision law")should come into being.The implementation of the law declares that the investigation power of most of the duty crimes in China is transferred to supervision Committee.On October 26 of the same year,the newly revised criminal procedure law of the people's Republic of China(hereinafter referred to as the Criminal Procedure Law)was also formally implemented,and the leniency of confession and punishment system was first written into the basic code of China as a basic legal system.Subsequently,the Supreme People's Procuratorate held a press conference and issued the guiding opinions on the application of leniency of confession and punishment system(hereinafter referred to as the Guiding Opinions)issued by the two high and three ministries,which clarified the scope of application and implementation rules of leniency of confession and punishment system.This paper focuses on the unique role of procuratorial organs in the system of leniency of confession and punishment,which is divided into four partsThe first part summarizes the system of leniency of confession and punishment in duty crime.The implementation of any good legal system needs to have its own legal characteristics and significance.As the basic legal system of the criminal procedure law of China,the system of leniency of confession and punishment also has its theoretical and practical basis for good operation.As an important part of criminal crime,duty crime should rely on the new system to produce a new development mode,and the stage of examination and prosecution is an indispensable key link in the system of leniency of confession and punishment.Through this part of the discussion for the following to explore the duty crime review and prosecution of the system of leniency of confession and punishment laid the foundation.The second part mainly discusses the similarities and differences of the functions of the procuratorial organs in the examination and prosecution based on the plea bargaining system in the United States and the leniency system in China.The Supreme People's Procuratorate has repeatedly stressed that it should give full play to the leading role of the procuratorial organ in the leniency system of confession and punishment.Through the analysis of the procuratorial function in the plea bargaining system of the United States,the two systems have similar characteristics in the purpose of production,the premise of application and the subject of decision,and also have differences in the specific content and the review mode of the agreement,which determines the procuratorial function of the two countries The functions are different in procedure connection and sentencing negotiation.The third part through the case collection,found that the current judicial practice in the stage of duty crime review and prosecution,the implementation of the leniency system of confession and punishment is not perfect,mainly including the expansion of the discretion of non prosecution,the connection between the supervisory organ and the procuratorial organ,the lack of supervision procedures for the supervisory organ,and find the reasons for the shortcomings.In the fourth part,based on the shortcomings of the leniency system of confession and punishment in the stage of duty crime examination and prosecution,the author puts forward several ways to improve it.We should make appropriate adjustments from the aspects of perfecting the use of non prosecution system by procuratorial organs,defining the time when procuratorial organs and defense lawyers intervene in the investigation stage of duty crimes,establishing the legal review mechanism of procuratorial organs for the confession and punishment of the investigated,perfecting the power supervision of procuratorial organs' procuratorial power,so as to better play the role of procuratorial organs in the confession and punishment of duty crimes Leading role.
Keywords/Search Tags:duty crime, review and prosecution, leniency system of confession and punishment, non prosecution system, punishment negotiation
PDF Full Text Request
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