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腐败严重侵蚀政权合法性的根基,破坏社会公平正义。党的“十八大”后,我国进入“法治反腐”的新时期,并以“零容忍”的态度惩治腐败。《刑法修正案(九)》在加大对腐败犯罪惩处力度的同时,也注重对腐败犯罪的轻重层级划分。但目前我国刑法对轻微腐败犯罪的规制存在不足之处,“厉而不严”特征明显。在实体法层面,应进一步严密惩处轻微腐败的法网;同时在程序法和司法层面,对轻微腐败犯罪司法分流,设置“非刑罚化”的制度出口,实现一般预防与特殊预防、惩治犯罪与保障人权的有机统一。
Corruption seriously undermines the foundation of the legitimacy of the regime and undermines social fairness and justice. After the party’s “18th National Congress”, our country has entered a new era of “rule of law and anti-corruption” and punished corruption with “zero tolerance” attitude. “Criminal Law Amendment (9)” While intensifying the punishment of corruption crimes, we also pay attention to the grading of the severity of corruption crimes. However, at present, the criminal law of our country has some deficiencies in the regulation of minor corruption crimes. The characteristic of “vigorous and unsystematic” is obvious. At the level of substantive law, the law of minor corruption should be further punished; at the same time, at the procedural and judicial levels, the judiciary of minor corruption should be diverted and the system of “non-penalization” be set up for export so as to achieve general prevention and special prevention and punish crimes And organic protection of human rights.