Empirical Examination and Legislative Response to the Punishment of Archival Crimes:Analysis Based on 14 Judgment Documents from China Judgments Online
As the"last line of defense"for the criminal law protection of archival security,the penalty for archival crimes has an important function of containing and preventing crimes.Examining the 14 archival crime judgment documents published on China Judgments Online,the overall punishment for archival crimes is characterized by low criminal prosecution rate,concentrated applicable charges,unusually light sentencing,large proportion of probation,and high recurrence rate of offenders,making it difficult to effectively punish and prevent archival crimes.The main reason is the single type of punishment for archival crimes,as well as the broad sentencing standards for archival crimes.It is recommended to improve the quality and efficiency of punishment for archival crimes through legislation,including adding property and qualification penalties for archival crimes,unifying sentencing standards for archival crimes,and standardizing the application of probation for archival crimes.