我国职务犯罪司法预防之探析

An Initial Study on Judicial Prevention of Committing Crime on Strength of Authority

我国职务犯罪司法预防的主要问题在于：罪刑平等原则没有得到全面贯彻；“以罚代刑”现象一定程度上存在；没有严格执行法律面前人人平等原则；注重功利目的实现而忽视执法的严肃性；审判的及时性、公开性未能得到很好的贯彻；司法业务指导工作仍需加强。为有效地惩治职务犯罪，应坚决贯彻罪刑平等原则；坚持法律面前人人平等原则，正确执行惩处与宽大相结合的政策；加强司法解释、司法指导工作。

There are some problems in the judicial prevention on crimes on strength of authority. The principle of equality of crime and penalty isn't performed fully. The phemoninon of imposing a fine instead of penalty exists to some extent. The principle of everyone being lawfully equal isn't performed strictly. Because of emphasis laid on interests, the seriousness of law enforcement is ignored. The principle that trials should be immediate and open isn' t completely carried out. The instructive activities on judicial business should be strengthened. In order to fight against crimes on strength of authority, we should perform the principle of equality of crime and penalty ,adhere to the principle of everyone being lawfully equal, carry out the policy of combination punishment with Leniency, and strengthen the judicial explanation and instruction.