Study On Some Difficult Problems Of Malfeasance Crime

Crime of malfeasance is a kind of crime closely related to the authority and duty and set up in Chapter 9 of the Criminal Law of 1997.The procuratorial organ have effectively cracked down this criminal activity through 20 years of practice,which fully demonstrates the value and authority of criminal law.It has played a huge role in promoting the correct operation of public power,improving the ability of national governance and promoting the overall social progress.However,the judicial practice also exposed many problems surrounding the crime of dereliction of duty,these problems are both legislative and judicial problems,mainly for the concept of crime is not clear,the subject of crime is vague,the overlap of articles of law and identification of accomplice is very difficult to deal with,and the status and nature of original case is ambiguous.It is the goal of this article to provide a logical choice for legislation and solve many problems for judicial practice by means of systematically sorting out the problems and making a theoretical study to explore the inherent characteristics and practical attributes of the crime of malfeasance.This article consists of five parts:In the first chapter,the author summarizes the basic problems of the crime of malfeasance.Based on the comparative analysis of legislative and theoretical perspectives at home and abroad,the concept and basic characteristics of dereliction crime are expounded.Then the crime is classified according to the standard of judicial practice.Finally,the distinction between the crime of malfeasance and related acts is made,especially the boundary of "public wrong" and "private crime".The second chapter studies the legislation of dereliction crime in detail,and clearly shows that the subject of crime is widened from wide to narrow,and the accusation is from less to more.Secondly,it combs the controversy on the scope of subject at legislative level and the nature of subject at judicial level.On this basis,we identify the state organs and difficult problems,and then to make a clear definition of the subject of malfeasance crime.The third chapter analyzes the basic problems and basic types of coincidence of articles about dereliction crime.The author finds out the solution of that problem in theory,especially demonstrates the solution mode.Then,it analyzes the problems andmethods of the crime of abuse of power,neglect of duty,bend the law to serve one's friends or relations and release personnel in custody without authorization.The fourth chapter discriminates the theoretical controversy and the concept of crime about dereliction crime accomplice from the research status,and makes a substantive analysis on the three opinions of dereliction crime.The author analyzes the relationship between accomplice and identity,and discusses the problem of accomplice between identity and non-identity.On this basis,the author analyzes the complicity of crime of power abuse,the crime of bend the law to serve one's friends or relations and.the crime of misuse law in civil and administration.The fifth chapter discusses three basic problems about the original case of malfeasance crime,which means,putting forward unique insights about the concept,status,nature of dereliction crime.The author clarifies the view that the original case of malfeasance crime belongs to the crime object in theory and analyzes the status of original case on the conviction and sentencing.Finally,the author provide a reasonable demand choice for the judicial practice through discussing the original cases about non-transference of criminal cases because of favoritism and malpractice,indulgence of smuggling,making and selling fake and shoddy goods,and attempting to cross state(border)lines illegally.