Study On Countermeasure To Light Punishment Of Duty Crime

To duty crime that has always been the focus cracked down and will produce more socialimpact than normal criminal, the Chinese criminal law has provided comparatively serious legalpunishment. However, in judicial practice, there is a relatively serious problem that judicialauthority adopts light punishment to duty crime. The judgment rate of probation and impunity ishigh, so is the applicable rate of mitigation of punishment, and confession and merit is frequentlyapplied. All the above have become the prominent features of light punishment to duty crime. Butthe accompanying consequences are extremely serious. The above problems are caused for manyreasons, at the aspects of both legislation and judicature. Accordingly, how to correct thephenomenon of light punishment to duty crime must be carried out from both aspects of legislationand judicatureIn this article,the first part mainly narrates the features of light punishment to duty crime.Those are the high judgment rate of probation and impunity, the frequently applicable rate ofmitigation of punishment, and the frequent application of the confession and merit.The second part mainly narrates the harms of light punishment to duty crime. These containthat the light punishment damages the fundamental principle of criminal law, violates thefundamental criminal policy of duty crime, reduc es the credibility of the judicial organs, andaffects the anti-corruption confidence of the masses.The core parts of the article are the third part and the fourth part. The third part describes thereasons of light punishment to duty crime from the angle of legislation and judicature. And thefourth part put forward the corresponding countermeasures.