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The Penalty Configuration And It’s Improvement Of Malfeasance Crime

Posted on:2014-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:S L ChenFull Text:PDF
GTID:2296330431471027Subject:Law
Abstract/Summary:PDF Full Text Request
Currently, public corruption, including dereliction of duty, such as the abuse of power,negligence of duty, is an important factors that result in social injustice, disharmony andsocial conflict, which has increasingly become a social concern. Malfeasance crime oftenleads to serious consequences, including the losses of property and lives. However, thereare still some problems of penalty on malfeasance crime at present, such as the slight orlimited penalty configuration on malfeasance crime, resulting in a weak combat on thiscrime. In light of this, this article tries to analyze the current situation of penalty onmalfeasance crime and explore methods on further improving the penalty configuration onmalfeasance crime.The first part of this article describes the current situation of penalty on malfeasancecrime objectively. Firstly, it points out the ever rising rate of malfeasance criminal gettingaway from punishment or ending up with probation, according to the actual punishmentcrime of malfeasance in the relevant area in recent years. Secondly, it analyzes the highrate of dereliction of duty, and emphasizes the urgency and necessity of sanctions againstmalfeasance crimes.The second part discusses the defects of penalty configuration on malfeasance crimes.First, the penalty on malfeasance crimes is slight. Second, the distinction betweenintentional and negligent hasn’t been made. Third, the article4of399th in criminal lawfails to properly embody the crimes one deserves. Forth, the penalty configuration onmalfeasance crimes is relatively not enough.Based on the first two parts, the last part of the article involves the issues ofimproving the penalty configuration of malfeasance. One is to increase the legislation oflegal sentence; two is to make a distinction between intentional and negligent; third is torevise the penalty mentioned in the article4of399th in criminal law into penalty of several charges; four is to add property penalty.
Keywords/Search Tags:malfeasance crime, defect, improvement
PDF Full Text Request
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