The Rational Speculation About The Duty Crime Carrying Out Criminal Punishment

Nowadays, corruption has been "one of the most serious social problem in China". Especially after the 18th Party Congress in November 2012, the Central Committee of the Communist Party of China pooled all efforts to start an anti-corruption campaigns, a number of "flies" and "tigers" fell a cropper one after another in the campaigns, all the efforts has made gratifying achievements. The masses applauded the anti-corruption achievements, but we still have to deeply reflect on corruption problem. Corruption, which exists in every country, is the abuse of bestowed power or position to acquire a personal benefit. It causes political and social problems. From the perspective of criminal law, corruption mainly reflects in the duty crime of state functionary. Criminal penalty is one of the most important way to struggle against and prevent from duty crime. Whether a proper penalty is made will results in the defeat and prevention of duty crime. At present, the criminal penalty for duty crime in China is considered to be lighter, as probation and exemption are frequently used from criminal penalty. On the one hand, the punishment of severe conforms to world trends, in line with the austerity of criminal law, also help criminals return to society, on the other hand, the light punishment and violated the everyone is equal before the law and adapted for a criminal law principle, is not conducive to the realization of social fairness and justice. The author believes that duty crime is as usual as other crimes, it should follow the principle of legality, criminal culpability adaptation and equality. It should implement the policy of "tempering justice with mercy", which depends on the severity of crime. We can neither make a lighter criminal penalty, nor make a heavier criminal penalty to a duty crime which with a special identification.The author through to the duty crime judicial work in recent years, some of the data analysis, the summary, combining with the knowledge of the theory of criminal law and strengthen the theoretical of the article, to better guide the trial work play a role. The article mainly consists of four parts:the first part shows the present situation and feature of duty crime penalty in China through a number of case studies and data, and then gives the reason analysis; the second part shows the advantages and disadvantages of duty crime; The third part is a comparison of the different provisions of foreign countries in the duty crime, and thus to our country on the duty of crime of certain reference and guiding significance.The fourth part presents the author’s view, from the connotation of situation and policy significance and countermeasure of the tempering justice with mercy,,which agree that penalty should be done in accordance with the policy of "tempering justice with mercy", artificial and irrational lighter penalty should be avoid, and legitimate rights of people who committed duty crime should also be protected.