Study On The Problems Of Crime Of Malfeasance Penalty Light Punishment

Presently,malfeasance is becoming increasingly fierce and detrimental.Thiscrime has now damaged the stability and prosperity of our societyseriously.However,criminals who commit malfeasance are often sentenced tosuspended prison or exempted from criminal punishment. Oppositely,they are rarelyimprisoned,as a result of mitigation of penalty.The reason comes from threeaspects,namely, tolerance to this crime,legislative defect,and stumbling blocks ininvestigation.The penalty mitigation to malfeasance violates the norm “all people areequal before the law”, impairs the principle of compatibility of crime,and hurts theconfidence to anti-corruption campaign as well.It also weakens the judicial utility ofprosecutorial power and goes against the prevention or restraint of officialcrimes.Therefore,it is a pressing task to analyse deeply the characteristics and causesand seek the countermeasure to apply the penalty legitimately.Primarily,we mustchange the phenomenon of lightening punishment by altering the direction of publicopinion,adding hearing system to probation,so as to enhance people’s appeals to thepenalties for offenders of malfeasance.Secondly,we should consummate legislationand add regulations on property-oriented penalties or qualifications punishment tobuild a deterrent law-enforcing environment.Lastly,we must innovate the internalwork mechanism of the procuratorial organ to strengthen supervision andcooperation,and reduce the uneven impact from the judge’s discretionary power.This article attempts to afford some pragmatic and operable suggestions bythoroughly arranging the penalty mitigation to malfeasance and analyzing its harm,causes and countermeasures.This paper is composed of five parts:Section One is the foreword,which is a brief introduction to the writingbackground and significance,as well as the current situation of study.It also paves theway for the expansion of subsequent writing.In Section Two,this article expatiates the definition of malfeasance,the theory ofpenalty mitigation,the realistic harm of malfeasance,and the manifestation oflightening penalty in this crime.It analyses the cases on malfeasance from Fuzhou procuratorial organ between2007and2011,thus, gets a conclusion that the penalty isobviously light,and exemption from criminal punishment is common.It also finds thatthe criminals are barely put into prison and are often sentenced below minimumstatutory sentence.Section Three introduces the drawbacks of the penalty mitigation tomalfeasance.Section Four is on the causes of the penalty mitigation to malfeasance.Itelaborates the reasons from the flaws in lawmaking,the mollification in lawenforcement,the insufficience in investigation departments,the divergence betweenthe court and the procuratorate,the complexity in cases,as well as the dispersibility ofresponsibility.Section Five illustrates the impacts of the penalty mitigation to malfeasance.Itholds that the penalty mitigation violates the principles of equality andcompatibility.Meanwhile,it weakens the striking force against malfeasance,and isharmful to the investigation.As a result,it is apt to lead to second corruption in thejudicial field.This thesis,in the last section,discusses how to tackle the problem,that is, thepenalty mitigation to malfeasance.It offers a proposal which lies in six aspects:drawing on foreign experiences, reinforcing publicity, standardizing and perfectinglawmaking,reforming the mechanism of power distribution, consolidatingprocuratorial power,and, likewise,adjusting and strengthening investigation.Thispaper,all in all, attempts to contribute to the containing of the penalty mitigation tomalfeasance.