Legal Regulation On Light Punishment For Malfeasance Crime

Malfeasance crime is a kind of functionary crime in the course of civil servants’performing their duties. In recent judicial practice, there is one problem concerning light punishment for such crime. This problem not only makes the functions of punishing crimes and educating others by criminal law unrealized, but also objectively influences the course of our social construction towards rule of law. Therefore, this paper gives detailed explanation on the performing forms and social harms of it, and tries to find its reasons. Meanwhile, this paper mainly takes the perspective of legal regulation and uses several methods such as comparative analysis, empirical studies and institutional design to focus on the reconstruction of crimes for abuse of power/dereliction of duty, normative application of sentencing plots, limitations of judges’discretionary power and setting up the system of qualification penalty.