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职务犯罪认罪认罚从宽制度对于加强打击职务犯罪、提高办案法治化水平和公信力、防止冤假错案、减轻司法负担均具有积极意义。但是目前由法律和相关司法解释组成的制度体系还不够系统科学,认罪悔罪的法律概念和体系还未形成,认罪悔罪的从宽规则还不健全,认罪悔罪的有关规定还有待优化。此外,检察环节运用这一制度办理职务犯罪案件的效果还有待加强。针对以上问题,一是应当在《刑法》中构建认罪悔罪的法律概念和基本体系,并统一各类职务犯罪案件认罪认罚从宽的适用标准;二是推动建立职务犯罪的量刑规则,并就适用贪污、贿赂罪的从宽特殊规定进行解释;三是在检察环节对认罪悔罪的职务犯罪案件依法加强取保候审强制措施的适用,并进一步加强向犯罪嫌疑人告知认罪从宽法律规定的工作效果。
The duty to recognize and punish duty crime is of great significance to strengthening the crackdown on job-related crimes, raising the level of legalization and credibility of handling cases, preventing unjust and wrong cases and alleviating the judicial burden. However, the current system of law and related judicial interpretations is not systematic enough. The legal concepts and system of confession and repentance have not yet been established. The lenient rules of confession of guilt are not yet perfect, and the relevant provisions of confession and repentance need to be optimized. In addition, procuratorial links the use of this system to handle job-related crimes have yet to be strengthened. In view of the above problems, firstly, the legal concept and basic system of pleading guilty to sin should be established in the Criminal Law, and the applicable standard of pleading guilty should be unified in all types of job-related crimes. The second is to promote the establishment of the sentencing rules for job-related crimes, Corruption and bribery; thirdly, it is necessary to strengthen the application of coercive measures of bail pending trial in accordance with the law in the case of duty crimes involving confession and repentance in procuratorial work, and further enhance the effectiveness of informing the criminal suspects of the law stipulating leniency.