Analysis And Study Of Light Punishment Of Crime By Taking Advantage Of Duty

With the social change, the number of the duty crime is growing. The problem of corruption is more and more serious. In the judicial practice, sentencing of the duty crime is presenting more and more slight, and is mainly reflected in the following:The register criterion is too hight, a mitigated punishment of the surrender of the unit^do a deed of merit and confession is used too much, the probation and impunity are higher put to use, the standard of death penalty is continuous improvement and the number is declining. No reason to be lenient in crime by taking advantage of duty, is not conducive to attack crime by taking advantage of duty, at the same time, damaged to the Judicial authority and the work of the anti-corruption.Hazardous of the gentle sentencing of crime by taking advantage of duty, can not be ignored,because:First of all, contrary to the basic principle of The criminal law and the spirit of fair and just.The second point, weak delete completed of authority of criminal punishment. To some extent, for the growing of crime by taking advantage of duty fertilization.The third point, damage the judicial credibility, damp down the passion and confidence of the anti-corruption of people.The fourth point, corrupt the general mood of society and erode the legal team.The fifth point, damage to the predictability of the judicial process.The sixth point, segregates the criminal procedure and public awareness, makes the judicial decision lose of credibility. In order to adapt to the need of striking and controlling crime, enhancing the credibility of judicial decision, we can solve the problem by the following methods:First of all, Set up the right the judicial concept.The second point, improve the legislation.The third point, ameliorate the judicial practice.The fourth point, establish the scientific sentencing regimeThe fifth point, increase the supervision of the crime by taking advantage of duty.The sixth point, enhance professional skill of the judge.