"Criminal law" in have unexpectedly716"Rubber band" -- discretion is the acquiescence of corruption loopholes in the law

    Chinese laws, regulations to the discretion of the judge and the administrative law enforcement has been left, judicial and academic circles controversial topic, has been criticized by the media. I, I probably count current"Rubber band" in criminal law ""There are716The. So many of the "minor" "if the circumstances are especially serious""3Years of the following""5"Even years"5Million yuan10Million yuan ", really let people see things in a blur. Legal, regulatory uncertainties is also difficult for judges and officials, if slightly less professional, or slightly by the point of intervention, will bring justice or law enforcement injustice. I think, laws and regulations, the "rubber band", directly to the law enforcement and judicial personnel "provisions" discretion, acquiesced in the "legitimate" self decision behavior, leaving the administrative corruption and judicial corruption loopholes.

"Criminal law"The first chapter of crimes of endangering national security provisions of article 102nd, "with foreign, harm the people's Republic of China's sovereignty, territorial integrity and security, shall be sentenced to life imprisonment or for more than ten years in prison. The provisions of article 103rd, organization, planning, implementation of secession, undermining national unity, the ringleaders or those whose crimes are serious, be sentenced to life imprisonment or for more than ten years in prison; the active participants, three to ten years in prison; the other participants, and three years period in prison, detention, control or deprivation of political rights." The crime of fuzzy language26The. "Criminal law" the fourth chapter encroaches upon the citizen personal rights, democratic rights of crime stipulated in article 232nd, "the murderer, sentenced to death, life imprisonment, or more than ten years; if the circumstances are relatively minor, three to ten years in prison. The provisions of article 236th, by violence, coercion or other means to rape women, three to ten years in prison." The provisions of article 240th, "trafficking in women, children, five to ten years in prison, fined." This "above" "following" that meet the eye everywhere. Only the "criminal law" the sixth chapter of obstructing the administration of public order crime smuggling, trafficking, transporting section seventh, crime of manufacturing Narcotics Law "real", 347th said "smuggling, trafficking, transporting, manufactures narcotic drugs, regardless of the quantity, shall be investigated for criminal responsibility, criminal punishment shall be". But there is still the "crime of smuggling, trafficking in, transportation, manufacturing more than two grams of opium, heroin or methamphetamine is less than one kilogram 10 grams less than fifty grams or other narcotic drugs amount is larger, more than seven years in prison, and shall also be fined; smuggling, trafficking, transporting, manufacture opium, heroin or methamphetamine two grams with dissatisfaction DAG or other small amounts of drugs, is less than three years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are serious, department for more than three years to seven years in prison, in terms of fuzzy rules and shall also be fined" etc.. No wonder drug difficult! 　

The rule of law is the rule of the law, not rule. This concept has become the institutional basis of modern society and the fundamental belief, is the legal spirit we pursue. Objective law originally, in order to prevent the arbitrary power. The state of the rule of law, judicial power is absolutely independent, not subject to any restriction. Frank•Ford said "discretion,If you do not set the exercise of this power standard,That is the absolute recognition." Fuzzy laws and regulations of China, to the discretion of judges and law enforcers huge space, led directly to the rule of might. The existence of discretion, let the judges have enough power to interpret laws and the creation of legal, is artificial and create a new power, that the degree of "judge law". As I said before, executing the fuzzy judge or law enforcement must be selfless, justice, should not be a little flaw moral, should be the business ability of dynamite, the judge or the administrative officials can fully in accordance with the legislators will judge the case. Legal, regulations is to protect the most people, no need to worry about for a few criminals think too much. On the crime of punishment can be big or small cases, criminals will be possible to speculation, give money or other, to obtain minimum punishment. If the judicial, law enforcement will slightly not firm, sentenced to many years in how much money does not break the law, you have to get the benefit, the judicial or administrative "legitimate" to cut is inevitable,Thus affecting the judicial, administrative credibility and authority, resulting in the judicial, administrative corruption everyone hated, resulting in "big blocks, two Alice, eat eat the defendant" jingle fashion, directly caused people "blame not complain" situation.    

"Frankly leniency, resist strict" is the administrative, judicial system popular in initial stage, was the country as far as possible in order to unite the masses, blow a few diehards, the hostile forces need to differentiate, collapse and the establishment of the. When we make laws for the same purpose, between attacking the crime and education, from the heart is "good" point of view, the provisions so many "above" "below". The regulations also accord with the actual situation of society, has promoted social stability, unite the people. But in the current market economy under the impact of tide, the complex situation in the period of social transformation, still fuzzy legal practices, is clearly outdated. Now, is there so many big corrupt officials, "often was sentenced to life imprisonment," always "dead", let the people joke, should with "disorderly" discretion about.

The law should be serious, should not be violated! The law must have its own authority! Any contrary to legal act must receive the same degree of punishment! The existence of discretion, not conducive to the China legal spirit and the building of the legal system. Suggested that the relevant state departments, take time out of busy work, put all of our laws, regulations system and improve the look, remove fuzzy language laws, regulations, laws, and regulations of the plug "legitimate" corruption loopholes, not to speculators to opportunity, narrowing the privileged and optional use of law free space. Only in this way, the rule of law will be a qualitative breakthrough, "according to law" will collapse of itself.