On The Perfection Of System About The Suggestion Of Lenient Punishment On Admission Of Guilty And Acceptance Of Punishment In China's Supervision Law

Article 31 and article 32 of the supervision law stipulate that the persons suspected of job-related crimes or the persons involved in job-related crimes meet certain conditions,and after specific procedures,the supervisory commission can propose lenient punishment to the people when the case is transferred to the procuratorial organ for examination and prosecution,indicating that China has initially established the suggestion system of leniency on admission of guilty and acceptance of punishment in the investigation stage,which fills in the blank of the lenient punishment system for guilty plea in the investigation stage.The short time for the enactment of the supervision law has led to some deficiencies,including the basic concepts of unclear,improper case proof standard to reduce,authenticity and voluntary lack of greater security,the effectiveness of the punishment suggestion cannot be guaranteed and the cohesion of criminal procedure is imperfect and so on aspects.Therefore,it is necessary to make an in-depth analysis from the aspects of perfecting the basic concept of the system,strengthening the protection of the special rights of the investigated and the personnel involved in the system,and constructing the connection mechanism between the supervision law and the criminal procedure law on the suggestion system of leniency on admission of guilty and acceptance of punishment.At the same time,specific measures were proposed,including removing the requirement of the "active",and surveyed involved and their families from punishment suggestion right,the establishment of a limited lawyer help system,clear supervisory organs inform obligation,separate proposals and the handling principles and the scope of lenient punishment recommended by procuratorial organs should be clarified.Through the analysis and research,and put forward targeted measures to improve,in fact,to the next "supervision law" amendment put forward some suggestions to improve the suggestion system of leniency on admission of guilty and acceptance of punishment.