Research On The Orientation And Application Of Public Security Organs In The Leniency System Of Guilty Plea And Punishment

"Criminal procedural law","guidance regulation",pleaded guilty to forfeit from system applicable to the whole process of criminal procedure,improve the efficiency of litigation,the rational allocation of judicial resources,and protecting the interest of the criminal suspect,the public security organs as the leading sector,criminal procedure is the starting point of system used,the weight of the self-evident.But the current academic discussion focus more on inspection organs,courts and the issue of application of all the participants in the proceedings and rarely involved in public security organs,and the laws and regulations aspect also did not give any role of the public security organ,so it is necessary to start from role positioning,based on the system specification,combining with legal norm and the judicial practice,analyzes its problems,the Suggestions to consummate the suggestion.This paper is divided into five chapters: Was reviewed in the first chapter is introduction,pleaded guilty to forfeit their historical law of development,put forward the system of the public security organ in the positioning of the unknown and system for producing the question,the second chapter mainly through the current theory research,laws and regulations,the public security organ in the system of responsibility respectively which bear what positioning positioning,practice,analysis of its current presents the binary opposition of orientation relationship,This paper points out that the public security organs have not been given any role in the system of leniency of guilty plea,and the necessity and significance of perfecting the position of the public security organs in the system of leniency of guilty plea.The third chapter,based on the institutional norms of the public security organs in the current laws and regulations,lists their institutional rights from the perspectives of confession and punishment and leniency.The fourth chapter mainly takes the application of the public security organs in a certain city as a sample,and starts from the empirical level to find out the sticking points and analyze the reasons from the perspectives of the application scope of the public security organs,the notification of rights,the application of non-custody measures,as well as the failure of the diversion mechanism and the lack of smooth linkage with the law and inspection.Chapter v from the current public security organ role positioning and improve the path of greater confessed forfeit their thinking,put forward the role of the public security organs as evidence collection role,analyzes the evidence material benefit of plea forfeit,indicate the direction of the evidence collection and priorities,and using the experience of judicial cases and district,explore the improvement of the system problem method,We will establish a sound mechanism for the linkage of inspection and law enforcement,and for mutual coordination and restraint.