The Research On The Plea And Leniency Recommendation System In Supervision And Investigation Stage

In 2018,the Supervision Law of the People’s Republic of China was officially promulgated and implemented,and a lenient punishment recommendation system was established.In order to adapt to and coordinate the operation of the supervisory system,the state has made corresponding adjustments to the Criminal Procedure Law of the People’s Republic of China.The construction,matching,cohesion and integration of the system are not as smooth as people’s ideal.In the implementation of the leniency suggestion system of guilty plea and punishment in the supervision and investigation stage,obstacles appear in the connection with other legal systems.From the three perspectives of "cohesion between rules and regulations,procedure cohesion,cohesion between discipline and law",this paper analyzes the specific measures of the leniency suggestion system in the supervision investigation stage,so as to further improve the effectiveness of the system.This paper mainly discusses the application of leniency suggestion system in the supervision and investigation stage,which is divided into five parts.The first part introduces the research background,research significance and research status at home and abroad.The second part,based on the perspective of legal norms,discusses the connotation and extension of "leniency in guilty plea","leniency in guilty plea" and "leniency in guilty plea" respectively in the supervision and investigation stage according to the Supervision Law and the Guiding Opinions on the application of leniency in guilty plea"and focuses on the analysis of the concept of leniency in guilty plea suggestion system in the supervision and investigation stage.The third part discusses the theoretical basis of the leniency suggestion system of guilty plea,and expounds the reasonableness of establishing and improving the leniency suggestion system of guilty plea in the supervision and investigation stage through the ownership nature and function orientation of the supervisory right and combining with the theory of the leniency system itself.The fourth part starts from the judicial practice,through combing the existing data and judgment results,analyzes some problems in the practical application of the Supervision Law.For example,in the supervision and investigation stage,the application rate of guilty plea is low,the appeal rate of defendants in the second instance is high,and the definition of intra-party discipline violation and duty violation crime is not clear,etc.,so as to explore the root of the problems behind the practice situation,namely,the connection between law and law,procedure and discipline and law.The last part examines the leniency suggestion system of guilty plea and punishment in supervision and investigation cases,analyzes each predicament,and then puts forward targeted suggestions and feasible practical paths.First,we should improve the connection between the law and the law.In view of the problem of different leniency standards for guilty plea,we should solve the problem from four aspects:clarifying the "active" approach,improving the identification standards at the litigation stage,clarifying the legal status of leniency,and supplementing and excluding the application conditions.The second is to improve the connection of procedures,expand the channels and ways of external supervision,improve the intervention procedure of procuratorial organs,establish the system of limited intervention of lawyers,and clarify the connection between supervision leniency suggestions and procuratorial sentencing suggestions.Third,improve the connection between discipline and law,enhance the accuracy of the application of the "four forms" of supervision and enforcement,unify the identification conditions of the transformation of supervision and enforcement forms,and briefly put forward measures to supervise the supervision power and the Party discipline review power.