On The Existing Problems And Solutions In The Punishment Of Duty Crime

At present,China's duty crimes are frequent,and the phenomenon that the application of light duty punishment penalties is still not effectively resolved.The state is committed to combating corruption.A series of measures have been introduced,the Criminal Law Amendment(9)and new Some of the judicial interpretations of duty crimes have made specific provisions on the sentencing standards for duty crimes,making the punishment for duty crimes in our country more reasonable.However,judging from the actual situation of the judiciary,some problems still exist in the punishment of duty crimes are mainly manifested in the high threshold of crime,the setting of leniency and mitigation punishment is unreasonable;the probation and exemption are more widely applied;And normalization,the proportion of surrender is lighter and lighter.The causes of a series of problems in the punishment of duty crimes come from the light punishment trend and the three levels of legislation and justice.The legislative level is mainly due to the excessively wide range of statutory punishment,the high standard of conviction and the excessive summary of the statutory punishment.At the judicial level,there is a lack of a monitoring mechanism,and the discretion of judges is too flexible.To deal with these problems in the punishment of duty crime seriously,and take effective measures to deal with it,we must first change the traditional concept of criminal law,accurately grasp the criminal policy of leniency and strict basic principles of criminal law;then improve it from the perspective of legislation,by reducing the crime Standards,aggravating the setting of the criminal law,making the threshold for crimes of duty crimes more reasonable,perfecting the configuration of property and qualification penalties,so that the offenders of duty crimes can be punished for their crimes,achieve the purpose of preventing further crimes,and strictly apply the conditions for probation and exemption,Reasonably supporting relevant legislative interpretations and judicial interpretations;finally,strictly restrict the discretion of judges from the judicial point of view,improve the sentencing rules,reduce human intervention in case handling,increase the strength of court trial suggestions and adopt effective supervision mechanisms to make fairness and justice Able to implement the entire judicial process throughout.