On Punishment Mitigation Of Crime Of Dereliction Of Duty

In the current juridical practice of China,lenient punishment is applied drastically for the crime of dereliction of duty and the proportion of suspended sentence and exemption from criminal punishment maintains above 80%,which sharply goes beyond common crime.Through the analysis on punishment of crime of dereliction of duty based on the principle of suiting punishment to crime,the criminal policy of combining punishment with leniency and the purpose of penalty,it can be found that obvious punishment mitigation exists in crime of dereliction of duty,which is different from the development tendency of light punishment.Light punishment is the inevitable development tendency of the progress of rule of law and it means that all the crimes develops to mitigation in terms of measurement of penalty and the development degree of light punishment should be based on national conditions,material and spiritual standard of living and average values.However,the punishment mitigation of the crime of dereliction of duty is a mitigation against development law on the premise that the concept of measurement of penalty in China has not reached the degree that lighter punishments can be applied to crimes,which has no reasonable legal basis and fails to confirm to the national conditions,material and spiritual standard of living and average values.Due to the particularity of the subject identity for crime of dereliction of duty and the current situation of anti-corruption work,the punishment mitigation of crime of dereliction of duty has many negative effects;thus,it is necessary to make the intensive study on it so as to find the causes and solutions.Besides introduction and conclusions,the thesis is expounded from the following four parts.In part one,through analyzing the relevant data on the judgment of malfeasance in China and the region the author works in and the judgment data of all criminal cases in the city the author lives in 2013 and 2014,the punishment situation of crime of dereliction of duty is summarized;through analyzing the punishment situation of crime of dereliction of duty based on the principle of suiting punishment to crime,the criminal policy of combining punishment with leniency and the purpose of penalty,itcan be found that obvious punishment mitigation exists in crime of dereliction of duty,which is different from the development tendency of light punishment and the punishment mitigation of the crime of dereliction of duty is a mitigation against development law on the premise that the concept of measurement of penalty in China has not reached the degree that lighter punishments can be applied to crimes,which has no reasonable legal basis and fails to confirm to the national conditions,material and spiritual standard of living and average values.In part two,the harm of punishment mitigation of crime of dereliction of duty is analyzed from the angle of penal law and rule of law and it is found that the punishment mitigation of crime of dereliction of duty violates the basic principle of suiting punishment to crime,which goes against the purpose of preventing crime though criminal penalty,destroys fairness and justice and severely damages judicial authority.In part three,the causes for punishment mitigation of crime of dereliction of duty are analyzed superficially and profoundly.Superficially,most of crimes of dereliction of duty are criminal negligence,the statutory sentence regulated by criminal law is lighter,there are difficulties in distinguishing malfeasance and work fault,the act of a third person commonly gets involved between malfeasance and damages and there are difficulties in fault and causal relationship determination;hence,the conviction and criminal punishment for crime of dereliction of duty are relatively difficult and the possibility for applying lenient punishment is higher compared with subject of common crime due to the job particularity and specialty.Besides the above superficial causes,there are deep-seated causes for punishment mitigation of crime of dereliction of duty;due to the particularity of subject identity of crime of dereliction of duty and non-independence of judiciary,the factors beyond legislation influence conviction and sentencing and thus lenient punishment is not applied to crime of dereliction of duty in accordance with law and non-substantive punishment is decreed.In part four,the countermeasures are put forward based on the causes of punishment mitigation of crime of dereliction of duty.The root of punishment mitigation of crime of dereliction of duty lies in the deep-seated causes;hence,thereform of sentencing standardization and necessary reform of the judicial system should be carried out besides accurately determining and judging the subjective sin and causal relationship of crime of dereliction of duty so as to solve the problem fundamentally.