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当前,我国处于职务犯罪高发时期,腐败分子拒不退赃者大有人在,读完《民主与法制》17期《谁能破解职务犯罪“追赃难”?》后,笔者认为,河南汤阴县检察院试用刑事附带民事诉讼的方式追缴赃款,确是一种有益的尝试。看一看查处的贪官,我们发现涉案金额动辄百万元甚至上千万,如果赃款难以追回,待其几年或者十几年刑满释放后,那些不义之财他们便可心安理得地享用了。出现这种“高薪”坐牢的原因,是我国立法上没有明确规定对拒不退赃者在定罪量刑上能否加重处罚。倘若如数退赃者和拒不退赃者在定罪量刑上没有区别或者没有明显区别,则不能不说是立法上存在不缜密之处。在现实生活中,确有不少贪官钻的就是这个法律空子,
At present, China is in the high incidence of duty crime. Corrupt elements refuse to take back a large number of people. After reading “Democracy and the Legal System” 17, “Who can break the duty crime,” “After the stolen goods”, “I believe that Henan soup Yin County Procuratorate probation civil suit with criminal recovery of stolen money is indeed a useful attempt. If we look at the corrupt officials investigated and dealt with, we find that the amount of money involved is at least a million or even tens of millions. If the illicit money is difficult to recover, after being released from prison for a few years or more than a dozen years, those ill-gotten gains can be enjoyed peacefully It’s The reason for this kind of ”high salary" imprisonment is that China’s legislation does not clearly stipulate whether or not it can aggravate the conviction and sentencing of those who refuse to take the money back. If there is no difference or no obvious difference between convicted sentencing and sentencing those who retire and who refuse to take the debts, we can not but say that there are some inaccuracies in the legislation. In real life, there are indeed many corrupt officials drilling this law loopholes,