Theory Of Malfeasance Crime Of Infringement Of Light Punishment And Solve The Problem

Department of malfeasance crime occurred in the process of staff members of state organs in duty crime, in recent years, has been high malpractice infringement crimes,and caused great harm to the society, received extensive attention from all walks of life.As the state's legal supervision organ,one of the important duties of the procuratorial organ is to investigate and handle malpractice in accordance with the law.In recent years,though, the procuratorial organs to deal with the constantly improve the quality of malfeasance crime, but the results from the court's decision, less sentenced to punishment,sentenced to probation and from criminal punishment is more,from the relevant statistics to see this problem basically is widespread, very bad for this kind of crime prevention and investigation, legal effect and social effect is difficult to achieve, attracted the attention of the procuratorial organs of high-level.The first part of the paper introduces the concept of malfeasance, and the narrow sense of malfeasance refers to the crime of malfeasance in China's current criminal law.In the classification of malfeasance, this paper introduces four different classifications of malfeasance in accordance with different classification criteria.Next to the problem of light punishment, is defined, malfeasance crime of infringement behavior caused serious damage to and unreasonable between light punishment does not adapt,many scholars will be summed up in this kind of circumstance, "malfeasance crime punishment" problem.The present situation of the problem is demonstrated by combining statistical analysis.The introduction of malfeasance and the issue of light punishment constitute the first part of this article.The second part of this paper analyzes the present situation of malfeasance of malfeasance, including the expression, the harm and the cause of the punishment.Light punishment is both legislative and judicial.Malfeasance is a crime that usually causes significant property damage to the country, the collective or the individual, and also harms the health of many citizens.Overall, it would of malfeasance crime, the punishment for that meet the needs of the judicial principle, law enforcement and the lack of credibility,is not conducive to prevent and reduce duty crime,weaken the influence of the procuratorial organs anti-graft infringing work. On the one hand is the high incidence of malfeasance crime situation and the people highly anticipated for punishing malfeasance crime, on the other hand is a problem of malfeasance crime, the punishment is more prominent.So how to solve this problem is an important task facing the judicial organs.Malpractice tort crime in recent years the decreasing trend of light punishment,both from the people to the dangers of malfeasance crime of infringement insufficient understanding, the malpractice tort crime itself involved special responsibilities and dispersed, procuratorial organs investigation technology backwardness lead to verify factors such as hard, and imperfect legislation, inspection method of two different understanding leads to difficulty about on charges of misconduct. So there are a variety of reasons, the lack of both the legislative level, also have to point out the weaknesses in the judicial practice, both subjective human interference, also have the influence of objective law enforcement environment.Only by fully understanding the causes of malfeasance,and finding out the crux of this phenomenon, can we begin to solve the problem.This paper analyzes the three major aspects of the judicial level, the idea of light punishment and the level of law enforcement.In the third part of this article, the author puts forward some countermeasures and Suggestions for solving the problem of malfeasance of malfeasance by combining the analysis of causes and the reality of judicial practice.In legislation should be improved,and strictly apply probation, from criminal punishment condition, establish the amplitude of the class and criterions for the elaboration of judicial interpretation in the judicial aspect to implement the criminal policy of combining,adhere to the fit for a basic principle of criminal law, the judgment of the court to enhancing ShuiLiXing, c - of surrender, contributions, truthfully confesses, performance, etc. The plot should be analyzed in detail, increase from the transparency of criminal, punishment, probation sentence case.In the concrete judicial practice, it is difficult to solve the difficult problem such as causality.To increase the level of enforcement of malfeasance and negligence,strengthen the awareness of the evidence, and communicate with the public prosecution service and the judicial organs.We will conscientiously perform the duties of procuratorial supervision, strengthen the supervision and oversight of cases of malpractice infringement and make Suggestions for sentencing.