Research On The Problem Of The Lighter Penalty Of Duty Crimes

Lighter penalty of duty crimes is refer to the phenomena that in judicial practice, many duty crimes are not filing, prosecution and sentenced to probation or lighter punishment, exempted from criminal punishment and a large number of parole and commutation.In view of the above phenomena, some scholars put forward the concept of light punishment of duty crimes. Based on reading a lot of literature and doing empirical investigations, the author then discusses again the concept.The reasons for the above phenomenon are various. It involves both the problem of the rule of law itself, but also the social environment affect the judicial power operation. The author carries out the research of the phenomenon mainly from the legislative and judicial aspects, and discusses it combine with the just issued Criminal Law Amendment(9), so as to come up with countermeasures to deal with crimes punishment is too light.In addition to the introduction, the full text is divided into three parts:The first part is the concept discrimination and the phenomenon performance of the lighter penalty of duty crimes. Firstly, this part introduces the concepts of lighter penalty of the duty crimes which are put forward by scholars, and then introduces the main performance of the problem.The second part is the analysis of the duty crime punishment lighter.The author observes and studies from the aspects of legislation and judicature, using the part of the economics of law and sociology of law point of view. The author also discusses it combine with the just issued the Criminal Law Amendment(9) and analyzes the situation which may be encountered after amendment to the law.The third part is the countermeasure and the suggestion which are based on the front part of the reason analysis. In the legislative level, the author analyzes the supporting measures which are introduced after the promulgation of the amendment and proposes personal opinions about the imperfections. In the judicial level, with the trend of judicial reform the author tries to find solutions to solve the lighter penalty of duty crimes.