Research On The Penalty Legislation Problem Of Malfeasance Crime In The Perspective Of Light Punishment

In recent years, to explore the issues on light punishment of crime in our country has been of a theoretical study and judicial practice focus. The proportion of malfeasance crime verdict probation and impunity is too high to severely weaken the punishment due deterrent force, which greatly reduces the "cost of crime", and the consequences are shocking. It not only violates the criminal justice, against China’s tradition of being strict with officials and the international trend of severe punishment, but also serious harms people’s anti-corruption initiative and weakens the credibility of the government. However, the problem has not been solved substantively.Based on the current situation of the light punishment of China’s malfeasance crime, this paper aims to analyze the reasons of penalty legislation defects. By borrowing and studying the successful experience of foreign legislation, the study discusses the countermeasures to improve the malfeasance crime penalty legislation in our country, which provides some practical solutions to the light punishment of malfeasance crime, and ultimately brings benefits in judicial practice as well as in the prevention of the malfeasance crime.This paper begins with the concept of malfeasance crime, its characteristics and the present situation as well. It deeply analyses the basic distinctiveness and the negative social effects of light punishment of malfeasance crime. As taking the foreshadowing, the paper leads to the key proposition of light punishment of malfeasance crime.In the second part of this paper, the penalty legislation reasons of light punishment of malfeasance crime is profoundly analyzed and comprehensively elaborated in the multi angles of light punishment, non-various kinds of sentences, and simple related law system, which demonstrate that the penalty legislation defects of malfeasance crime is the fundamental reason of such light punishment of crime.By citing mature and advanced legislation cases of various courtiers and regions, the third section of the article analyzes and summarizes the features of the extraterritorial malfeasance crime that their legislation penalty of malfeasance crime is stipulated, specific statutory penalty allocation is diversified and penal system is strictly applied, which can be as a useful reference in our modified penalty crime legislation.The last part of the article puts forward suggestions to improve some special settings such as statutory penalty of malfeasance crime, legal punishment sentencing range setting of main and auxiliary design and the related system of punishment, as which a substantive change and eliminate the light punishment of crime problems suggestions.