Research On The Application Of The System Of Plea Guilty And Punished Leniency In The Investigation Of Duty Crime Cases

The leniency system of admission of guilt and punishment is a criminal justice system introduced by the standing committee of the National People's Congresswith the influence of the theory of "leniency of crimes".It aims to build a diversion mechanism of criminal cases,improving the efficiency of criminal proceedings,optimizing the allocation of judicial resources,and reflecting the protection of the rights and interests of criminal suspects and defendants.The system of leniency of admission and punishment for guilty cases realizes substantial leniency of punishment and procedural simplification of cases for guilty cases,so it is called the Chinese version of "plea bargaining".At present,the system is still in the pilot stage in judicial practice.At the legislative level,China has not established a complete legal standard system.On the judicial level,due to different judicial habits and cognition,it is difficult for the lenient system to operate effectively and uniformly.On September 3,2016,the standing committee of the National People's Congress passed on authorization to carry out a pilot work of giving lenient treatment to the criminal suspects who confess guilty and are ready to pay the penalty by the supreme people's court and the supreme people's procuratorate.The pilot work has undoubtedly important guiding significance.In fact,this will certainly further promote the study of the lenient policy making of guilty plea punishment.Based on this,combined with the duty crime cases the thesis analyzes the necessity and legitimacy of giving lenient treatment to the criminal suspects who confess guilty and are ready to pay the punishment.The necessity and legitimacy of analysis of the system embodied in the criminal law and criminal procedure law of our country are analyzed,especially focusing on duty crime case investigation phase is pleaded guilty to forfeit their significance and existing problems from the system and improve construction measures combining with the plea bargaining system and so on were studied.In the author's opinion,the duty crime case,especially the starting procedure of the lenient admission and punishment in the investigation stage,the processing power,the applicable scope and the relevant matters needing attention in the application should be the pilot work and the issue that the academic circle needs to further explore and discuss.This paper firstly explores the necessity of constructing a confession and punishment system in duty crimes from the guilty plea punishment system for the actual needs in the practice of duty crime cases and the value orientation of the criminal law to protect human rights and fairness,and with the Anglo-American law system "Comparative analysis,looking for the commonalities and differences between the two,to find a breakthrough in establishing a system of confession and punishment in line with China's legal system." Secondly,from the investigation stage of duty crime,this paper analyzes the reasons for the confession of criminal suspects and their legal basis and normative procedures,and clearly confirms the specific role of criminal punishment in the investigation of job cases.Finally,this paper expounds the problems and obstacles in applying the guilty plea system for duty crimes,and proposes feasible solutions and countermeasures,which provides some feasible ideas for the application of the confession and punishment system in China.