Duty Crime Case Judgment Light Punishment Problem Analysis

In the current judicial practice, the duty crime cases of probation, the applicable occupies very large proportion of the exempt from punishment, lighter punishment of duty crime problem is highlighted increasingly, and severely punish corruption situation across the country. In view of the current period of social transformation of the high-risk situation of duty crime and the people strongly expect to punish corruption, if the duty crime punishment the one-sided emphasis on processing, will lead to different people for something is different on the judgement of justice. Light punishment of duty crime, therefore, the problem is not only a theoretical concern of the frontier subject of law, has become a social problem on a need to the justice department attaches great importance to, this is the starting point of this thesis research topic. Sentencing on duty crimes in the field of problems at the moment there are many fuzzy understanding on the legislation, such as probation, exempt from punishment applicable standard is not clear, some imperfect legal punishment of duty crime Settings, supporting legislation relatively lags behind, and so on. Because the practice operation to find specific reference basis and evaluation criterion, to surrender, such as sentencing plot that there is debate about the judicial application of the judge to duty crime sentencing discretion, very easy to cause probation, exempt from punishment be used too much. These factors directly affect the result of case, become a serious problem to be solved in the judicial practice. At present, our country strictly punish corruption is huge, with light punishment of duty crime problem, is to take effective measures to solve urgently, in order to meet the needs of the punishment of duty crime according to law under the new situation, reflect the justice and authority of the rule of law, with strong calls for the masses to crack down on the crime of official.Based on the definition of the light punishment of duty crime interpreted as a theoretical basis and the breakthrough point, to light punishment of duty crime phenomenon and to conduct a preliminary. Three years to district people’s procuratorate of judgment of the crime investigation situation as sample, the comprehensive survey analyzed the main performance of light punishment of duty crime, through to the duty crime guilty verdict empirical research on the legal logic of related cases and data analysis, sums up the characteristics of the light punishment of duty crime, and law, and then found that the light punishment of duty crime in our country at present the existence violate the principle of balancing the offense, the judicial organ to provide crisis and increase the risk of litigation, weakened the combat effectiveness of punishment, such as damage, on this basis, from the legislative, judicial, consciousness, and social multiple levels in the legal value judgment, and to dig deeper into the light punishment of duty crime causes, Suggestions to perfect the duty crime sentencing legislation regulations, strengthening the legal supervision of duty crime sentencing, correct concept, perfecting the supervision system and so on, to constraints of duty crime sentencing imbalance, solve the problem of light punishment of duty crime is changed, form a \ "dare not greed, not greed\" good social atmosphere. The duty crime sentencing better able to achieve the effect of crime of criminal law.