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近年来,职务犯罪轻刑化的现象愈发明显,具体表现在立案起点数额过高、频繁适用自首和立功、适用较小比例的财产刑、缓刑、免刑以及减刑、假释适用率畸高等方面。职务犯罪轻刑化不利于对职务犯罪的有效预防与控制,因此,本文认为有必要从刑法的角度入手来审视职务犯罪轻刑化,并结合司法实践,重构职务犯罪的刑法处罚规则。
In recent years, the phenomenon of light punishment of job-related crimes has become more and more obvious. It is manifested in the fact that the starting point of filing cases is too high, frequent surrender and meritorious service are often applied, and a smaller proportion of property punishments, probation, sentencing and commutation of sentence, and unusually high probation rates are applied. Therefore, this article considers it necessary to start from the perspective of criminal law to examine the light punishment of job-related crimes and to combine the judicial practice with the judicial practice to reconstruct the criminal penalties of job-related crimes.