Jurisprudential Analysis Of The Penalty Lightening Tendency Of Duty Crime In China

In recent years,there are many discussions and researches on the Lightening Punishment of Duty Crime in the theoretical and practical field in China.Many scholars in the practical field name the appearance of duty criminal cases being sentenced to lesser penalties such as probation or pardon in the judicial practice as Lightening Punishment of Duty Crime and raise an objection against it.In fact,Lightening Punishment of Duty Crime is not necessarily inconsistent with the fundamental principles of criminal law and national policy of punishing corruption of our country.The causes for this phenomenon are concerned with aspects of the legal system and also judicial operation.That should not be equivalent to Light Sentencing of Duty Crime or Increase in Lightening Punishment of Duty Crime due to system deficiency and judicial corruption.Hence,the one-sided query and objection against the Lightening Punishment of Duty Crime need to be discussed.This paper has dialectically analyzed the related concepts and controversies in regard to the current Lightening Punishment of Duty Crime in China based on thefundamental theory and systematically reviewed and summarized the current status quo of punishment allocation for duty crime,the legal basis for a lighter punishment as well as the application and characteristics for the given circumstances through empirical analysis.On this foundation,the paper makes a legal analysis on the current trend of Lightening Punishment of Duty Crime in China,carries on the analysis of the reason for the Increase in Lightening Punishment of Duty Crime in the juridical practice from legislation and judicature aspects and discusses the prevention measures and suggestions for the Increase in Lightening Punishment of Duty Crime according to the Amendment to Criminal Law(Nine).