随着我国依法治国的推进、党的教育实践活动的顺利开展,一系列“吃空饷”事件进入了公众的视野,“吃空饷”的危害性也不断的展现在了阳光之下。然而在有关责任人员承担民事责任和行政责任之后,鲜见有人因此被追究刑事责任,以至于“吃空饷”的严峻态势没有明显缓解。本文将在简述“吃空饷”现状的基础上,确认现有的惩治措施不能有效遏制这一现象的发生。之后阐述“吃空饷”行为应当入罪,并按照不同的类型来确定具体的罪名。 With the promotion of governing the country according to law and the smooth implementation of the Party’s educational practice, a series of “pay Kong Kong rates” events have entered the public’s field of vision, and the dangers of “eating empty rates” have also been continuously exposed in the sunshine under. However, after the responsible persons assumed the civil liability and the administrative responsibility, it was rare that someone was therefore held criminally responsible so that the grim situation of “paying empty rates” did not ease significantly. This article will be based on a brief description of the status quo of “eating empty rates” to confirm that the existing punitive measures can not effectively curb this phenomenon. After elaborating the “pay rates” behavior should be guilty, and according to different types to determine the specific charges.