Crime Of Malfeasance Case Study

Duty crime is a social danger of crime, causing huge economic losses to the state, causing great harm to people’s health, serious harm to the order of the socialist market economy, seriously damaged the party masses relations, damage the image of the party and government. At present, our country is in economic and social transition, conflicts of interest and gradually increased, all kinds of contradiction. As a typical "crime of malfeasance crime, known as the ’do not fall up corruption’, the destructive force of society has become increasingly prominent, caused by damage to property, social harm is very serious." In reality, due to various reasons, the crime of malpractice exists the causality is complex, non custodial penalty, trial results in more social recognition is not high. The existence of these problems, cause real harm inappropriate to the society, especially the light punishment of crime of malfeasance, to a certain extent, make the law of malfeasance crime deterrent, and efforts to combat crime malfeasance greatly, also make people doubt of the legal trust justice.This paper from the crime of malfeasance cases were studied, including the following:One is the definition of the crime of malpractice trial category. Based on the definition of crime of malfeasance, scientific classification and evaluation of its concept, can help us to understand this kind of crime, rational conviction and sentencing in cases of malfeasance crime, crime and non crime, this crime from other crimes division, has the certain practical significance. Find out the existing problems of crime of malfeasance in the case, the next step for the proposed countermeasures to pave the way for.Two is the real hazards of improper trial carding malfeasance crime. Pointed out the realistic harm caused by improper malfeasance crime cases are:1, weaken the penalty punishment.2, violate the crime punishment suitable principle.3, reduce the social public opinion assessment.4, influence the authoritative judicial effect.The three is the analysis of the factors that restrict the crime of malfeasance trial. Restriction factors for the crime of malpractice trial both legislation aspect, also has the judicial procedure, and the external influence factors. Four is put forward constructive countermeasures of crime of malfeasance trial. Through the research and analysis of the above question, put forward constructive countermeasures:perfecting legislation, scientific operation, appropriate sentencing, eliminating interference, judicial innovation. The legislation, the judiciary should act as soon as possible, together with the theory of a common form, to fill the loopholes in the mechanism of the related system. We have reason to believe that, with the idea of justice increasingly update, the system and mechanism of ceaseless and perfect, the laws and regulations consummation, influence and restrict the malfeasance crime trial condition will completely eliminate various factors.