职务犯罪轻刑化问题与对策初探

A Tentative Study of Light Punishment for Duty Crime and Countermeasures

目前我国职务犯罪轻刑化问题凸显,职务犯罪缓免刑的高适用率、自首情节的适用较为普遍、法定情节量刑失衡,执行阶段的待遇特殊化较为突出。针对职务犯罪轻刑化问题,本文提出建立和加强对职务犯罪案件的监督制约机制,完善职务犯罪相关立法,制约法官自由裁量权等举措,以矫正职务犯罪轻刑化的司法趋向。

At present, light punishment for duty crime has become a serious problem in China. There exist a high rate of probation and exempt from punishment, a wide application of volunteer surrender to court, an unbalanced legal measurement for penalty and special treatment in execution. In this paper, measures are put forward to curb light punishment for duty crime in judicature such as setting up and strengthening supervision and restriction mechanism for cases of duty crime, optimizing legislation for duty crime and restricting discretion of judges.