摘要
故意犯罪的社会危害性是重于同类型过失犯罪的。各国刑法多以“处罚故意犯罪为原则 ,处罚过失犯罪为例外”;过失犯罪的种类在立法上大大少于故意犯罪 ,且其法定刑明显轻于同类型故意犯罪。但我国刑法中的故意与过失泄露国家秘密罪、滥用职权犯罪和玩忽职守犯罪等少数犯罪的法定刑却是相同的 ,有必要予以区别、修正 ,以实现罪责刑相适应原则和刑法的统一性。
Intentional crimes are more harmful to society than unintentional crimes of the same kind, and so many countries adopt the principle of punishing the intentional crime with unintentional crime of the same kind as an exception, and they define more accusations to intentional crimes than those to unintentional crimes with the latter being obviously less severely punished. In China, however, the statutory sentence in our Criminal Law is the same to both intentional and unintentional crimes of disclosing state secrets, and to both crimes of abusing the office and of duty negligence, which, in the author's opinion, should be distinguished and revised for the uniformity of our Criminal Law, which is to be in consistence with the principle of penalty measurement in accordance with the seriousness of crimes and the graveness of responsibilities.
