Research On Duty Crime Penalty Of China

Penalty is on the basis of the national judicial organs according to the perpetratorof malefaction, weighing the severity of criminal responsibility, and identifying thelegal punishment in accordance with the law whether to sentence penalty on theperpetrator. Penalty is also the legal activities of according of the Penal Code with theconfiguration, punishment to plant, the punishment files and whether it is realisticimplementation of criminal corresponding. This paper selects the duty crimes as theentry point of the penalty, with identifying the concept of the duty crimes finding outspecific charges of crimes contained in the duty crimes committed, and studies thepenalties discretion on the basis of scientific classification.This paper is used the literature of case studies, data are divided into research andcomparative law research methods. Firstly, through a literature review of methods todetermine the theoretical support for an academic penalty discretion, analysis of theconcept of penalty, the nature, purpose and function of the core elements of the penalty.By the clear meaning of the criminal law discretion, through logical deductive reasoningpenalty is a statutory crime and relationship to converted to a real crime and therelationship between the necessary conditions, and draw the penalty discretion is thekey to achieve the purpose of punishment, the adequacy of a direct impact on thepenalties for positive kinetic energy of the play and the penalty for the effectiverealization of the purpose of understanding. Combined with China’s criminal lawprovides for discretionary principle of penalties, the punishment fits the crime is furtherclear from the theoretical level of judicial practice, to lay a theoretical foundation forlater research positions crime Penalty influencing factors. Due to the Criminal Law ofChina does not define the scope of the job-related crimes, this paper expressly providedby the literature review and case induction, define the scope of the crimes committed forviolations of the national staff positions behavioral integrity of the implementation ofChina’s procuratorial organs function under the jurisdiction covered by the national staffand criminal violations of the normal management activities of state organs.By abstracting the Criminal Code provisions on duty crimes penalty configuration,sentencing applicable provisions, with summarizing the data and comparing the law toillustrate the current status and defects of duty crimes penalty with literature, codexprovisions and comparative foreign duty crimes penalty reference to point out the penalty for crimes committed in China. This paper seeks to clarify the crimes committedstatutory sentencing judge the crimes committed at the discretion of the sentencingdiscretion standard and grasp abstraction to the application of the concrete path inspecific cases, and on this basis, proposing in the penalty of China’s duty crimes to bestrictly grasp discretionary sentencing and lead the qualification penalty and criminalfine in the penalty system of the duty crimes in order to prevent the lightpenalty of crimes committed on the drawback of the penalty of crime. At the same time,this paper point out it’s cruel to sentence to death for duty crime committed, and notmeet the requirements of the basic principles of criminal law in China. Overall thispaper emphasis the penalty of duty crime of China should adhere to the guide of temperjustice with mercy policy, to highlight the principles of crime being compatible withpunishment.