| In March 2018,the Supervision Law of People’s Republic of China(PRC)was promulgated and implemented.This law,which integrates entity and procedure,is of great significance to the reform of supervision system and even the construction of the rule of law in China.After the promulgation and implementation of the Supervision Law,it was specifically stipulated that the supervision committee has the right to make suggestions on lenient punishment,and the supervision committee was explicitly given the right to make suggestions on sentencing,including the important criminal sentencing circumstances such as surrender,confession and meritorious service in the Criminal Law of People’s Republic of China(PRC),and the lenient system of confession and punishment in the Criminal Procedure Law of People’s Republic of China(PRC),which was independently written in Articles 31 and 32 of the Supervision Law.The full-time organ handling duty crimes-Further study on the suggestion of lenient punishment has its own characteristics of unifying the Criminal Law and the Criminal Procedure Law.On the basis of the respondent’s confession and punishment,it further evaluates whether the respondent has voluntarily surrendered and truthfully confessed the facts of the crime,which further reflects the development and progress of its suggestion of lenient punishment on the basis of surrender and other circumstances that affect sentencing.The significance of its existence lies in that,as an investigation organ,it confirms and emphasizes the circumstances of being lighter,mitigated or even exempted from punishment,and puts forward suggestions for leniency to procuratorial organs and judicial organs with sentencing suggestions.Guide the investigated person of duty crime to explain the problem actively,so as to improve the overall efficiency of handling cases and save judicial resources from the overall situation.At the same time,it effectively protects the basic rights and interests of the respondents,achieves good legal effects,and further implements China’s criminal policy of combining leniency with severity.Among the cases handled by the Supervisory Committee,the crime of corruption and bribery is more common.This paper intends to take the crime of corruption and bribery as the main research examples,and based on the judicial judgment cases in practice,then study and analyze the influence of lenient punishment suggestions on the sentencing of duty crimes.This article is divided into five parts:Part I,Introduction.It includes the background of the thesis topic,the main content,the current status of research at home and abroad,research methods,major difficulties and innovations,and the significance of the research.The second part is an overview of the crimes of embezzlement and bribery in the course of job-related crimes.This part mainly focuses on job-related crimes under the jurisdiction of the Supervision Commission,especially the crimes of corruption and bribery,and discusses in detail the theoretical system of corruption and bribery crimes,as well as the sentencing circumstances,sentencing system and sentencing methods.Part III,an overview of the recommended system for lenient penalties.This part mainly focuses on the basic concepts,constituent elements,legal sources,implementation procedures,and similarities between the recommendations for lenient punishment and their similarities with voluntary surrender,confession,meritorious service,confession of guilt and punishment.Part IV: An Empirical Study on the Impact of the Recommendation on Leniency on the Sentencing of Job-related Crimes.This part mainly discusses the standards for the issuance of lenient punishment recommendations in the crime of corruption and bribery,the use of precedents,the impact of lenient punishment recommendations on sentencing,and the existing problems in the application of current lenient punishment recommendations.Part V,Improvement of the Application of Leniency Recommendations.In view of the practical effect of the lenient punishment recommendation,clarify the sentencing impact effect of the lenient punishment recommendation to distinguish between independence and voluntary surrender,confession,meritorious service,and admission of guilt and punishment,and then put forward feasible suggestions for the improvement of the lenient punishment recommendation. |
