巨额财产来源不明罪量刑畸轻的危害

Harm of Too Minor Measurement of Penalty for the Crime of Unclear Source of Huge Property

巨额财产来源不明罪的设立 ,对打击犯罪曾经起过积极作用。但随着经济的发展和时间的推移 ,腐败分子巨额财产来源不明的现象却屡禁不止、愈演愈烈 ,重要原因之一是由于刑法规定的该罪的量刑幅度畸轻。这不仅违背了罪刑相适应的原则 ,放纵了犯罪 ,而且为执法者徇私枉法开了方便之门。建议立法机构比照贪污、受贿罪的量刑进行修改 ,提高法定刑、增加量刑档次。

The establishment of the crime of unclear source of huge amount of property has been positive effect on attacking crimes. But with the economic development and the changing time, the atmosphere of corrupt officials' unclear source of huge property doesn't stop after repeated prohibition, while becomes increasingly intense. The primary cause is the minor measurement of penalty stipulated by Criminal Law, which not only violates the principle of conforming crime to measurement of penalty, urges commission of crime, but also opens the door for the law enforcement to bend the law for the benefit of relatives or friends. It is suggested that the legislature compare the measurement of penalty in corruption with bribery to amend the law, increase condemnation according to law and the level of imposing penalty.