关于公正处罚贪贿犯罪的法理思考

On the Legal Basis for Just Punishment of Corruption and Bribery Crimes

对比现行法律对于官员贪贿犯罪与盗窃罪、抢劫罪、诈骗罪在制定与实施上的巨大差异,可知现行法律对官员贪贿犯罪处罚畸轻,因为官员贪贿罪的本质是性质更为恶劣的盗窃罪、抢劫罪、诈骗罪。对官员贪贿犯罪处罚畸轻造成破坏以德、能选拔人才的标准、以财富多寡作为评判人价值标准、破坏党的执政基础、可能招致外敌入侵等严重社会后果。官员贪贿犯罪产生的制度根源在于利重罚轻。国家与民众的利益在根本上是一致的,而官员的利益与国家、民众利益具有不一致性。对贪贿官员适用死刑既是遏制官员贪贿犯罪的根本途径,也是国家对人民应当履行的法定义务。

There are enormous differences in making and implementation of the existing statutes for corruption and bribery crimes and theft,robbery and fraud crimes. This shows the existing law gives only exceptionally slight punishment to the official＇s corruption and bribery crimes,but the essence of corruption and bribery implies just theft,robbery and fraud of much worse nature. This situation leads to destruction of the criterion of choosing workers by moral character and ability and the foundation of the Party＇s government and to an even worse consequence foreign invasion. The origin of corruption and bribery lies in social practices of more institutional concern with profit than with punishment. The state shares common basic interests with people,but the officials don＇t share the interests with the state and people. As a result,sentencing corrupt and bribing officials to capital punishment should be the primary means to restrain officials from corruption and bribery and also the government legal duty for the people.