论公职否定原则在司法职务犯罪中的运用

在我国刑法中 ,对司法职务犯罪人的公职没有在刑法上予以否定 ,导致我国有些犯罪人在主刑执行完毕后 ,依然可以重新走上公职的岗位。这不仅不利于我们国家的法制建设 ,也在一定程度上促进了司法的腐败。笔者建议 ,在司法职务犯罪中运用公职否定原则 ,以完善我国的刑法 ,更好地实现我国刑罚的目的。

Application of Principle of Denying Public Office In Crimes By Taking Advantage of Judicial Duty

In criminal law of our country, the public office of criminals with judicial duty is not denied, with the result that some criminals may still resume their public office after execution of principal punishment in our country. This not only goes against the construction of legal system in our country, but also furthers the corruption of jurisdiction to some extent. The writer proposes that principle of denying public office should be applied in crimes by taking advantage of judicial duty, to improve the criminal law of our country, and better realize the aim of the criminal law of our country.