| Corruption is the hot issue and social focus in current society.And in the near future the public will continue to pay close attention to it.Compared with corruption and bribery crime,malfeasance and infringement crime is a corruptive action which shows more concealed and divergence of understanding.The article,from 2008 to2012,which collecting malfeasance and infringement crime cases in one area,from case filing,investigation,examination and prosecution and trial,four stages of litigation,shows the current situation of malfeasance and infringement crime,and analyzes the existing problems in handing these cases.On the crime name of handing malfeasance and infringement crime cases,judicial practice charges the crime name only 1/3 of the legislation setting,and concentrated in the field of abusing power and neglecting duty to land transfer,real estate development,forestry resources protection and unfair adjudication,where infringement behavior is absorbed more by crime of corruption and bribery.On the process of handing malfeasance and infringement crime cases,the effective clues is insufficient,which the evidence of determination the crime is heavily dependent on suspect's confession,where compulsory measures of investigation stage is poor applicability of independent,where causes the divergence of understanding larger for non-evidence reasons.On the results of handing malfeasance and infringement crime cases,it was deviated from the track of law,which administrative penalties deviated from political rights,which illegal administrative action has not been punished or corrected.All above these problems bring out for some reasons.Legislation is deviated from the complex social life;in the process of judicial operation setting the relevant system and mechanism;there have been some social cognition reasons.On these grounds,it's imperative under such a circumstance to improve the relevant legal norm,reform the structural establishment of duty crime and enhance the operability of the system. |
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