| In the present day of China, functionary criminals are rampant and they emerge in endlessly. Moreover,corruption has become one of the most serious social problems in China. The occurrence of is functionary criminal is the integrated outcome resulted from reasons such as political system,economical structure,social system and social administrative mechanism. Based on the aspect of criminal law, penalty is the most important instrument to crackdown and prevent functionary criminals, and the author considers the light-penalization to functionary criminals arisen out of the situation of inappropriate punishment to post crimes as an important reason leading to the rampancy of functionary criminals. This phenomenon shows that the deterrent and preventive function that the criminal law should have has not exerted fully. Therefore, the author carried out a detailed research report to the criminal judicature practice in Shanghai through the way of positivism, from which the author summarized and concluded the statistic numbers on the verdict of functionary criminals and designed the diagrams elaborately, and these will certainly add stringency and reliability to the article. On this foundation and based on the related criminal knowledge studied, the author tries to do some analysis and expatiation to the positive statistics and combine the theory to the practice in order to strengthen the theoretic value and depth of this article.Besides the foreword and postscript, the article is divided into three parts:Partâ… : Based on the research report carried out to the judicature practice in Shanghai in recent years by the author, the author enumerates the present embodiments of light-penalization on functionary criminals in the article specifically: the wide application of probate,the high-rate cognizance and application of voluntary surrender,the frequent use of lesser punishment circumstances,the low-rate application of property penalty,the high threshold requirements on the register and investigate to functionary criminals and the loose requirement on the number standard in conviction and sentence of functionary criminals. In order to do a deeper research to such situation, the author probes into its operation and occurrence environment in judicature practice and analyzes the decisive factors to such situation in the aspects as followed: the historic and conceptive factor in legislative progression,the legislative factor,the judicature factor,the Chinese-characterized human-relationship factor,factors specialized in post crimes and factors rooted in the transformation of society.Partâ…¡: Based on the aspect of criminal law, punishment is the most important measure to prevent corruption and crackdown functionary criminals. The frequent outbreak of post crimes is closely related to the ineffective punishment to functionary criminals. Therefore, in this part, the author specially analyzes the harmful influence which the light-penalization situation have on the crackdown and prevention of functionary criminals, enumerated as followed: the light-penalization reduces the cost of functionary criminals; light-penalization violates the principle of balance between the punishment and the crime and block the realization of fairness and justice; the light-penalization weakens the general prevention and special prevention function, but strengthens the fluke mentality and stimulates the spread of functionary criminals and light-penalization restricts the formation of the good social environment and public consensus atmosphere which will do good to the crackdown and prevention of functionary criminals.Partâ…¢: Based on the two foresaid parts which enumerate the embodiments and occurrence environment of functionary criminals and analyze the negative influences it has on the crackdown and prevention of functionary criminals, the author holds the viewpoint that in order to achieve a greater criminal efficiency in fighting against functionary criminals, we have no time to delay in changing the negative influences the light-penalization has on the prevention of functionary criminals. Therefore, in this part, the author does a detailed analysis on the improvement and perfection of the present situation in four aspects as followed: the change of the concept on penalty; the perfection of legislation; the perfection of judicature and the perfection on supervising system. Then we can correct the wrongful trend of light-penalization on functionary criminals in judicature practice and eliminate its negative influences on the crackdown and prevention of functionary criminals. All this done, we can achieve a greater criminal efficiency in our anti-corruption project. |
