| In the critical period of the economic transition and social transformation of China, great changes of the economic system, social structure, frame of instetests and ideas are taking place. In this historical condition, laws, policies and institutional mechanism are not consummate, which to some extent breed the corruption. Especially in some fields, the incidence of job-related crimes is still prone to high. For the incidence of such cases is a by product of the political system, economic structure, social system and management mechanism, to strengthen crime prevention requires a multifaceted strategy. However, the auther believes that punishments are the most stringent, effective and direct measures against corruption, without which the effect of education, persuasion and supervision is hard to take. To ensure the functions for job-related crimes prevention and to promote more fairness and justice of law, the auther in the eyes of judicial practice, analyses the hazards and causes of the light punishment for job-related crimes such as probation and commutation, and attempts to give some advice on the standardization and improvement on the measurement of penalty,This thesis is consisted of four chapters. Chapter One takes an overview of the current measurement of penalty for job-related crimes committed by the state functionary. Basing on the data analysis, the thesis obtains a result that the measurement of penalty for job-related crimes trends to light, which appears to the rash applications of probation and commutation. Chapter Two, in five aspects, illustrates the hazards of the light punishment of job-related crimes. Firstly, it does not accord with the principle of suiting punishment to crime, and leads to the inequality of law; secondly it reduces the cost of job-related crimes, and prevents the realization of the purpose of the criminal law; thirdly it weakens the awe of punishments and is not conducive to containment of crimes; fourthly it hurts the effect of anti-corruption, and dampens the enthusiam in the fight against corruption; and fifthly it consums the judicial resources and undermines the credibility of judiciary. Chapter Three, from the factors of the law, court, prosecution, non-legal interference and historical and cultural traditions, explains the objective and subjective causes of the light punishment. Chapter Four from the angles of the legislature and judicial practice, gives some suggestions on the improvement and standardization of measurement of penalty on the state functionary, and containment of light penalty, such as the transformation of the concept on punishment, amending of the law, regulation of sentencing, and strengthening of legal supervision. |
