我国渎职罪的立法完善研究

The Legislative Perfection of the Crime of Malfeasance in China

我国渎职罪立法中,存在“徇私舞弊”情节性质混乱、罪名自身刑罚设置不合理、各罪名之间刑罚设置不协调、特殊罪名过多过滥导致罪名体系不科学等问题,建议将“徇私舞弊”定位为从重处罚情节,区分故意犯罪与过失犯罪的法定刑,实现罪名之间法定刑的协调一致,同时删减特殊罪名,重新构建罪名体系。

There are some problems in the legislation of malfeasance,for example,the nature of the plot of practice favouritism is confused and vague,the penalty is unreasonable between intentional and negligent in some articles,while with some in coordination among different accusations.Besides,the accusation system is unscientific because of the excessive special accusations.Therefore,we should define the legal position of practice favouritism as the heavier plot,distinguish the punishment standard between intentional and negligent crimes while adjust the statutory penalty of some provisions accordingly.In addition,it is suggested that some special accusations should be amended to reconstruct the accusation system of malfeasance.