Research On The Light Punishment Of Duty Crime

Light punishment of duty crime has caused widespread attention of the society.In recent years, Under the correct leadership of the party central committee withcomrade xijinpin as general secretary, the anti-corruption struggle has made a seriesof gratifying achievements. In this context, light punishment of duty crime problembecome a serious obstacle of anti-corruption struggle. In the horizon of criminal law,criminal law’s mission is to hunt down and punish crime, maintaining social order,purify the living environment of people. Fundamental purpose of punishment is todefense society, through the use of punishment measures, we can restore the losscaused by crime. At the same time, the penalty has two important functions one isgeneral prevention the other is special prevention. If abandon the three legalprinciples，such as balance, the offense in practice, everyone is equal before thecriminal law, the role of the punishment will be discounted. Not only the recompenseas the foundations of punishment will be thoroughly subversive, but also the wholelegal order will collapse. The author thinks the light punishment of duty crime willdiminish the punishment to corruption and destroy the authority of the criminal law.The author applies the method of empirical research to investigate the presentsituation of duty crime in fuzhou city. And then analysis, summary, induces thecommon problems in the process of cases of duty crime, and the author would use thetheoretical knowledge analysis the problem, I hope this can enhance the theoreticaland practical value of article.This paper is made up of four parts:The first part is the introduction, mainly discusses the background of lightpunishment of duty crime, and to set up the basic context of this paper, finallyexpound the significance of research; The second part is the theory of lightpunishment of duty crime, this paper summarizes the theory of definition and pointsout the shortcomings, then the author indicate the reasonable connotation of lightpunishment of duty crime, and point out the shortcomings of light punishment of dutycrime from the aspects of philosophy and the sentencing; The third part is empiricalanalysis, on the basis of empirical research of fuzhou city duty crime, the authorsummarizes the characteristics of light punishment of duty crime, illustrates the causeof this strange phenomenon; The fourth part is the coping strategy, this part putforward four measures, improve legislation, standardize criminal judges discretion,strengthen the judicial supervision, Strengthen the cooperation of systems, so the fourparts constitute an complete argument system.