Trend Of Light Punishment On Job-related Crimes---Analysis And Control

As the most typical and most extreme manifestation of corruption, duty crime, has become one of the important factors that damages the relationship between the Party and masses, cadres and masses, intensifies social contradictions and endangers social harmony and stability. In recent years, our country has made certain achievements on cracking down duty crime, the corruption has been curbed to some extent. But the soil and conditions breed crime still exists, the momentum of prone-to corruption and the widespread occurrence of corruption still serious. The reason is that some problems, including the imbalanced, over lenient sentencing and the tendency to light punishment in sentencing, happened in the judicial practice. These problems manifested in the ideology as the deviation of understanding of the criminal policy of "temper justice with mercy", and the excessive application of probation and exemption of crime in judicial practice. High incidence of job-related crimes and their punishment results are particularly concerned by the community, the inapplicability of crime, responsibility and punishment, easily aroused strong resentment among the public, and further lead to social conflicts, undermine ties between the Party and masses, threatening the ruling roots. The trend of light punishment on duty crime, is contrary to the judicial requirements of the unity of "Three Effects", and the criminal policy of our country to crack down duty crime, is also extremely inconsistent with the expectation of the Party and masses.From a perspective of understanding and applying the criminal policy of "Temper justice with mercy", the thesis attempts to reveal the trend and current situation of "temper justice with mercy", analyze its hazards and causes, find out the problems that exist in current ideas and work, try to analyze the issue of controlling the light punishment trend on duty crime, provide some references and ideas with regarding to the transition of penal philosophy, strict application of law and consistency with judicial practice, in order to better practice rule of law requires, carry out "temper with mercy", make sure the crack-down and punishment fair and equitable, exert the preventing and controlling function on duty crime.The first part of the thesis, starting from the analysis of the related basic data, revealing that the sentencing on duty crime and ordinary criminal offenses has seriously imbalanced and differentiated in current judicial practice, proving the urgency from some the individual circumstance to the situation overall. The probation and exemption rate of crimes committed to duty crime is much higher than ordinary criminal cases,"temper justice with mercy" has become a polarized distribution, presented as a trend of over lenient sentencing, raised a pressing practical question against the trend of light punishment on duty crime. Thereafter, the thesis analyzed the hazardous of the trend of light punishment on duty crime, if the judicial practice seriously deviated from the purpose of "temper justice with mercy", it would undermine public confidence in the legal and judicial authority, deter and reduce the effects of anti-corruption, weaken public participation and social interaction and brings other harmful consequences to our country. It shows that there is no time to delay on the cracking down on duty crime, and curbing the trend of light punishment on it.In the second part of the article, the causes of the trend of light punishment on duty crime were discussed, it proposed that the understanding of the criminal policy of "temper justice with mercy", and the application of the law under the guidance of it is the crux of the problem. On the one hand, the misconception of excessive leniency still exist in the judicial philosophy. Under the existing legal provisions, sentence the duty crime with excessive leniency, or even actively get the crime closer or create the conditions for lenient sentencing, made a lot large number of probation and exemption of crimes. Meanwhile, the impact of international trend, modesty of criminal law and some other theories prone to a different misconception, which is penalties should strive to use minimally, increase the protection of the rights of freedom, sentence light punishment for all crimes. But these are relatively one-sided understanding, under the premise of the country carries out strict policy and the serious harmfulness of duty crime, cracking down and resolutely curbing the duty crime, is consistent with the situation and circumstances of our country. On the other hand, the problem of excessive leniency on sentencing exists in the actual judicial practice. Particularly manifested in the excessive broadness of determination of crime surrender, render meritorious service, the application of probation, and the excessive determination of legal circumstances, thus the mitigation of punishment has been excessively carried out, provided the chances for probation and exemption of crime.The third part made some suggestions on how to strictly control duty crime in concept and practice. It is necessary to correctly understand the criminal policy of "temper justice with mercy", made it clear that leniency is not unprincipled with no limits, it is inappropriate to give the maximum determination for all criminal circumstances. Duty crime should be included in the "strict" category, we must fully exert and strengthen the effect of criminal law on preventing the punishment, strengthen efforts to crack down on duty crime, strictly prevent the trend of light punishment on duty crime, control the spread of duty crime momentum, which is also the current critical situation and policy-oriented requirements. Meanwhile, in order to implement "temper justice with mercy," moderately sentence duty crime, we should strengthen legal supervision on the checks and balances against to free jurisdiction, strengthen internal supervision to improve the quality of case handling, truly achieve fair, equitable, prevent and control with the effect of jurisprudence guidance.From a perspective of understanding and applying the criminal policy of "Temper justice with mercy", the thesis attempts to examine the issue of the trend of light punishment on duty crime, strive to explain the existing problems from a perspective of the combination of criminal policy and law, try to provide some references or ideas for practical work and theoretical research. But the materials used in the thesis, and the viewpoints are limited with a lot of immaturity and incompletes because of work and knowledge level, the theoretical foundation is not solid enough, and some suggestions are even inappropriate, need to be further improved and perfected.