Analysis Of Sentence Differences In Crimes Of Corruption And Theft

The crime of embezzlement and theft as stipulated in the criminal law of our country are similar in terms of means of criminality and partially overlap in the infringement of the objects,all of which violate the ownership of public goods.The crime of embezzlement violates the ownership of public property,the theft of property infringes the ownership of public and private property,Sin has also violated the integrity of the public servants' duties,but only because of the difference of subject identity,the two sins have made a huge difference in the setting of punishment.As our famous jurist Professor Li Yongjun pointed out: "Although a referee made according to law,but when it is a serious challenge to life's common sense,it must be difficult to be accepted by the public,but can not be accepted by the public,its legitimacy Nature is inadequate," 1 the same is true for the setting of legal punishments for embezzlement and theft.It can not be justified because it enters the law,and legitimacy may not be justified,and its rationality,lawfulness and reasonableness must be further analyzed Law can get the public's confidence.There is no substantial rationality in the setting of a legal punishment for corruption offences.The article starts with the lack of rationality in the setting of a legal punishment for corruption and further explores the reasons for such a setting.By adopting a comparative approach,the crimes of corruption and theft were compared in terms of social hazards,the composition of crimes,and the final legal punishments.It was concluded that the criminal consequences of corruption crimes are serious,and the number of people who are harmed are numerous,and thus the social harm is more serious.The analysis of the two crimes is based on the traditional four-part theory.It is found that the two crimes are different in subject,subjective,object of infringement,and objective.In general,the subject of the crime of corruption can be found to be special.Subjective viciousness is greater,and the object of infringement is more complicated and the objective criminal means are more subtle;by collating the legal and judicial interpretations of the two crimes,three forms of the standards for the two crimes are formulated and the amount of the same crime can be found.Under the circumstance,the legal punishment of the crime of corruption is indeed lighter than that of theft.So far,we have found that the crime of corruption isgreater than the crime of theft and the composition of the crime is more complicated.The setting of legal punishment is light.Through the simple concept of legal justice,we will inevitably think that such a legal punishment is unreasonable.However,such a simple legal concept does not have strict logical support and must not be recognized by opponents.Therefore,starting from the theory of legal punishment,the spirit of basic law,and the basic principles of criminal penalty setting,it is more closely demonstrated that this simplicity Legitimacy of the legal concept,the irrationality of the legal punishment of the crime of corruption.However,the article did not stop there and went on to study it further.He believed that the existence of "privilege ideology" was the biggest factor that caused the irrational punishment of corruption,and it was also demonstrated from the perspective of the traditional legal system,China's social culture and political science.The rationality of this assertion.Through the collected data,it is found that there are a large number of privileged legislation in the traditional society of our country,which extricates the criminality of the exorcist bureaucracy.From the analysis of the principle of political science,it discusses the need to punish the crime of lightly penalizing the crime of theft as a political rule.It is the inevitable result of the existence of class.Finally,it proposed the construction of a civic culture to stop the proliferation of“privilege ideology”because from the perspective of the development of Western countries,it is precisely its strong civil society that enables ordinary people to have the ability to oppose the ruling class and make it political.The right to speak and play in the legislation has also provided guarantees for the spread of the idea of equality and fairness,which can gradually change the public's ideological cognition.It also changes the existing legislative system and believes that the penalties for dealing with corruption offences will be aggravated.In this way,from top to bottom,people's thinking is transformed.