Research On Problems In The Application Of Exemption From Criminal Punishment For Job-related Crimes

Job-related crimes have a wide-spread influence on the society, so close attentionshall be paid to the complicated problems in the application of law on such crimes,especially the problem of the lax application of exemption from criminal punishmentfor job-related crimes, which highlights the problem of lax law enforcement fromvarious perspectives; such situation doesn’t fit the rule of law, therefore investigationand research on such problems shall be reinforced, law enforcement standards shallbe unified and the application of law shall be stricter. In this thesis, from theperspective of the exemption from criminal punishment for job-related crimes, somepractical countermeasures and suggestions for the striking problems in practical casesare put forward through the analysis on the causes and hazardous consequences ofsuch problems. There are four parts in this thesis:Part1: Type of problems in the inappropriate application of exemption fromcriminal punishment for job-related crimes. There are two sections in this part, inwhich two types of problems in practical cases are expounded, namely theinappropriate application of right for the exemption from criminal punishment forjob-related crimes by some courts and the inappropriate application of right of publicprosecution by some procuratorates. Firstly it is expounded that there are6typicalproblems in the inappropriate application of right for the exemption from criminalpunishment for job-related crimes by some courts, namely the improper adjudicationmade through the independent application of Provision37in criminal law, mistakesin the number and form of crimes, no foundation for the amount of crime according tolaw, the confusion in the identification of subject of criminal liability, the misuse ofthe right in recovering property obtained through the violation of law, the unlimitedmitigation of punishment, even the exemption from punishment, based on whichsome discussions are made in this part. There follow the investigation and research onthe five problems in the inappropriate application of right of public prosecution by some procuratorates, including the changes to the nature of crime caused by casefiling beyond jurisdiction, omission of criminal fact in public prosecution, mistakes inthe prosecution of cases that shall be withdrawn or shall not be prosecuted, theinappropriate prosecution of cases remaining doubtful as well as the inappropriateprosecution of cases that shall not be prosecuted relatively.Part2: Analysis on the causes for the inappropriate application of exemptionfrom criminal punishment. The main causes for the lax application of exemption fromcriminal punishment for job-related crimes are analyzed in this part with the problemsin practical cases considered.(1) Confusion in application of law caused byinappropriate judicial interpretation;(2) Low quality of cases caused by performanceevaluation;(3) Compassion beyond law caused by the consideration of interpersonalrelationship;(4) The incomplete legal supervision mechanism;(5) The exemptionfrom criminal punishment for the preservation of public employment.Part3: Hazardous consequences for the inappropriate application of exemptionfrom criminal punishment. The hazardous consequences in six aspects for the laxapplication of exemption from criminal punishment for job-related crimes areexpounded in this part.(1) The principle of legality will be violated, which willdisrupt the unified implementation of law;(2) The principle of proportion will beviolated, which will damage the legitimate rights and interests of the partiesconcerned;(3) The principle of economical litigation will be disrupted, which willcause the waste of judicial resources;(4) The principle of judicial rule will be violated,which will fuel the atmosphere of practicing fraud;(5) The principle of beingobjective and fair will be violated, which will spoil the image and public trust ofjudicial system;(6) The principle of general and special prevention will be violated,which will impact the harmony of society.Part4: Suggestions on the countermeasures for the accurate application ofexemption from criminal punishment. Suggestions on the countermeasures are putforward with the analysis and discussion above considered.(1) To make judicialinterpretation more scientific and application of law stricter;(2) To regulate evidence-related behavior and improve the quality of case;(3) To intensify legalsupervision and highlight self-supervision;(4) To observe judicial rule and improveexamination and evaluation system;(5) To implement the policy of SunshineAdministration of Justice and improve supervision system.