Journal of Jishou University(Social Sciences Edition) ›› 2023, Vol. 44 ›› Issue (4): 1-11.DOI: 10.13438/j.cnki.jdxb.2023.04.001

• Discipline Inspection and Supervision Topic •     Next Articles

On the Persons Involved in the Law Case and Their Rights Protection by the Law on Supervision

QIN Qianhong,LI Shihao   

  1. (School of Law,Wuhan University,Wuhan 430072,China)
  • Online:2023-07-01 Published:2023-08-17

Abstract: Under the background of deepening the reform of discipline inspection and supervision system,the Law on Supervision stipulates the special concept of persons involved in the law case.In practice,the supervisory organs and supervisors are confused about the concept of the persons involved in the case,and the Law on Supervision does not have any provision to clearly define the concept of the persons involved.Through the investigation and summary of the Law on Supervision and the Regulations on the Implementation of the Law on Supervision,the broad type characteristics of the persons involved in the normative system of the Law on Supervision can be abstracted,that is,they are involved in the crimes committed by public officials under the jurisdiction of the supervisory organs,related to the main case.Within the scope of the meaning of the persons involved in the case in a broad sense,from the point of view of the protection of human rights,the persons involved should be clearly defined as those who are related to the main case and are suspected of bribery,introduction of bribery or joint duty crimes.The provisions of the persons involved in the norms of the Law on Supervision that conflict with the above definition should be amended in the subsequent legislation in order to maintain the unity of the legal system.Under the premise of punishing corruption,in order to protect the legal rights of the persons involved in the case,we should do a good job in the understanding and application of the lenient system of pleading guilty to punishment.In the supervision procedure,the right of lawyer assistance is given to the persons involved in the case,and the legal assistance system of public lawyers is established.When applying monitoring measures to the persons involved in the case,they must strictly abide by the law and comply with the principle of proportionality.In addition,the qualified persons involved in the case should be transformed into "tainted witnesses" through the construction of the system,and exemptions should be provided for them to testify.

Key words: persons involved in the case, Law on Supervision, Regulations on the Implementation of the Law on Supervision, duty-related crimes, public officials

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