职务犯罪轻刑化现象反思

职务犯罪轻刑化成为普遍现象,引起社会广泛关注.职务犯罪轻刑化主要表现为立案起点高,自首适用标准宽泛,缓、免刑率高及刑罚执行不严格.这一现象成因包括对该类犯罪的认识不到位、官本位文化的影响、因取证难使得自首情节适用率高、审判人员被干扰及枉法裁判、执行阶段标准控制不严等.遏制职务犯罪轻刑化路径要强化对职务犯罪立案及侦查过程的监督、强化用量刑建议权对审判的监督、落实上下两级人民检察院对案件第一审判决同步审查机制及加强对刑罚执行阶段的监督等.

Reflection on Light Penalty for Crimes by Taking Advantage of Duty

Light penalty for crimes by taking advantages of duty has become a common phenomenon and aroused widespread concern. The manifestations of penalty lightening include a higher starting point for case filing, undemanding applicable standards for voluntary surrender, a higher rate of probation or being exempted from punishment, and loose execution. The main causes of the phenomenon can he summarized as lacking awareness of these crimes, being influenced by the official-centered culture, high rate of voluntary surrender for difficulties in obtaining evidence, adjudicatol7 personnel＂ being interfered with and making law- bending judgment, lenient standards for the execution of judgment, etc. This thesis discussed that, in order to curb the penalty lightening, the following processes such as case filing, investigation, trial, case review and execution of punishment must be under the supervision of the authorities and relevant mechanisms.