The Research On The Problem Of Light Sentencing Of Crime Of Dereliction

Crime of dereliction is one of the most important charges in the crime of malfeasance in chapter 9 of the criminal law of our country,and it is also one of the most involved charges in the investigation and handling of malfeasance cases by the procuratorial organs.In recent years,property losses and casualties caused by the crime of dereliction have shown a rising trend,but the proportion of criminals exempted from criminal punishment and probation for the crime of dereliction is still high.The penalty is seriously unbalanced compared with the loss caused by the crime of dereliction,and the problem of light sentencing for the crime of dereliction has become prominent.There are many reasons for this phenomenon,including the defects in legislation and judicial interpretation,the arbitrariness of judges' sentencing,ineffective case handling by case handling organs,and so on.Light sentencing of crime of dereliction violates the principle of suitability of crime,responsibility and punishment,seriously impairs the authority and fairness of law,and greatly weakens the deterrent power of punishment,which runs counter to the image of punishing corruption severely in our country.Therefore,it has become an urgent task to deeply analyze the causes of the light sentencing of the crime of dereliction and explore practical solutions to the problem of light sentencing of the crime of dereliction.First of all,the legislative and judicial interpretations of the crime of dereliction can be improved by clarifying the charges,adding p enalties,changing the legislative model,refining the applicable conditions of probation and exemption from criminal punishment.Secondly,by reasonably setting the scope of discretion,strictly examining the circumstances of sentencing such as surrender,procuratorial organs actively play their supervisory functions,effectively restricting the discretion of judges.Finally,by improving the quality of case handlers,improving the scientific and technological content of investigation methods,and improvin g the relevant system and mechanism of the control commission,the phenomenon of light sentencing for the crime of dereliction is reduced.