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Research On The Light Punishment Of Duty Crime Cases

Posted on:2013-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhouFull Text:PDF
GTID:2246330395455115Subject:Law
Abstract/Summary:PDF Full Text Request
The problem of light punishment on duty crimes has been more and more concerned by all fields of the society. This is mainly because in recent years it is a quite common phenomenon that a large number of duty crime cases are sentenced to probation or exempted from criminal punishment, but actually this phenomenon is not equivalent to that of light punishment on duty crimes.The problem lies in that the judgment of the case violates the statutory requirements that "the facts be clear, the evidence be authentic and adequate, the verdict made according to law", the result of the judgment is obviously illegally misconduct, and the basis and reason lake of necessary evidence, legal principles, reasonable support, and even with human intentional light punishment. If there still exist a large number of such light punishment cases in judicial practice, it will mean the problem of light punishment.The major performance and characteristics of the crimes committed by the judgment light punishment, which contains three circumstances:one is legally or leniently dealt plots for improperly identified surrendering and rendering meritorious deeds, the second is leniently dealt plots for exaggerating the lightness of crime cases and good attitude toward pleading guilty, the third is one-sided evaluation of the harmfulness and punitiveness of both malfeasance and bribery crime. The features worth concerning are:the hidden problem, and no difference in sentencing, and the few protests of procuratorial organs.The causes of the light punishment on duty crimes committed cases. First, the legal system is flawed, respectively from the aspects of setting criminal penalties for the malfeasance, corruption and bribery sentencing standards, exemption from criminal penalties applicable standards, as well as the application of probation conditions and so on. Second, external factors, which mainly are human relationships, bribes, undue influence and intervention of power. Third, the inner reasons of judicial, focusing on analysis of the influences of the lack of legal faith, lack of handling capacity, and the inside and outside ineffectiveness of lax supervision on duty crime light punishment.To solve the problem of light punishment on duty crime cases:first, to actively modify the Penal Code and promote relevant judicial interpretation, including expanding the types of job-related crimes penalties, adding qualifications sentence deprived of civil rights, and resolving the problem of exempt from criminal punishment in order to retain public abuse; improving the starting point for basic penalty, and at the meantime compressing the sentencing range, clearing the specific conditions of the sentencing range, and solving the problem of the randomness of judges discretion. Second, to establish a mechanism for monitoring and dealing with public officials behaviour of illegal intervention and investigation of crimes committed, focusing on solving the illegal intervention of the public officials in the judiciary handling cases according to law.Third, to keep a serous investigation of the high-pressure situations behind the various judicial injustice crime, and to resolutely fight against judicial corruption, favoritism behaviours. Fourth, to strengthen the case guidance work to promote judicial capacity to solve the problem of judgment misconduct caused by inadequate judicial capacity. Fifth, to strengthen the supervision and control of judicial behaviour, including procuratorial organs strengthening legal supervision, judicial strengthening its own oversight, as well as the outside world strengthening the supervision of the judiciary as a whole, which can effectively let the judicial power operate standardly in the sunshine of the supervision and constraints.
Keywords/Search Tags:duty crime, light punishment, reprive, exeption from criminalpenalty
PDF Full Text Request
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