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近年来,渎职侵权犯罪案件判决轻刑化趋势明显,究其原因,既源于人们对渎职侵权犯罪的危害性认识不足、渎职侵权犯罪案件本身涉案人员特殊和责任分散、检察机关侦查技术手段落后导致查证难等因素,也与立法规定不完善、检法两家认识不一导致渎职侵权罪名认定难有关。只有充分认识渎职侵权犯罪的成因,寻找出这一现象的症结所在,才能着手破解渎职侵权犯罪案件判决轻刑化的困境。
In recent years, the decriminalization of criminal cases of dereliction of duty infringing the trend of obvious, due to the reasons, not only from people’s understanding of the dangers of dereliction of duty infringement crime, dereliction of duty cases of infringement itself involved in the case of special personnel and responsibilities scattered, prosecutors behind the detection of technical means Leading to the verification of such difficult factors, but also imperfect legislative provisions, the two laws and regulations lead to misconduct breach of knowledge is difficult to determine the charges. Only by fully understanding the causes of malfeasance and infringing crimes and finding the crux of this phenomenon can we begin to crack the plight of judicially penalizing dereliction and tort crimes.