腐败存量特赦之证伪

The Falsification on theory of amnesty Stock of Corruption

我国腐败高发,特别是腐败犯罪黑数巨大,腐败存量惊人的现实情况,已严重影响我国反腐斗争的信心和进程,基于此,腐败存量特赦论浮出水面。腐败存量特赦论作为一种政治话语,以交换形式谋求政治体制改革的支持,这种观点在逻辑上有重大缺陷,在实践上对刑事法治有质的破坏力,违背国际反腐条约的基本精神,损害社会正义和国民的法情感,不具有合理性和合法性。治理腐败必须坚持宽严相济的刑事政策,坚持零容忍的司法态度。

With the high incidence of corruption, especially the huge dark figure of crime, it has seriously affected the country＇s confidence in the fight against corruption and processes. So the theory of amnesty stock of corruption surfaced. As a political rhetoric, it reform to seek the support of the form, this view has significant flaws in logic and essential damage the criminal law in practice. And it also contrary to the basic spirit of the international anti-corruption treaty, damage to social justice and national laws emotions, So, the theory does not have the legitimacy and legality. Anti-corruption must adhere to the criminal policy of temper justice with mercy;, adhere to a zero tolerance attitude towards justice.