Research On The Crime Of Malfeasance

In recent years,the total number of cases of dereliction of duty in China has been increasing,and serious and serious cases of dereliction of duty have occurred frequently,causing great harm to the interests of the state and the people,which has attracted extensive attention of the whole society.In addition,the reform of the supervision system has put forward new requirements for the investigation,application and grasp of the crime of dereliction of duty.The "new crown" epidemic has given new tasks to the prevention and control of the epidemic situation of dereliction of duty and the prevention and control of infectious diseases,It is of great practical significance to study the crime of dereliction of duty;Therefore,it is of great significance to construct a series of theoretical research on the subjective and coordinated scope of the crime of dereliction of duty.The research on the crime of dereliction of duty should not only pay attention to the refinement and precision of doctrinal science,but also emphasize the objective situation and problem orientation,observe and solve problems from a perspective other than doctrinal science,so as to realize the connection between the theoretical logic and practical logic of the research on the crime of dereliction of duty.At the level of experience reference and theoretical basis,this paper explores the experience and path to solve the main problems of dereliction of duty in China from the two dimensions of "vertical" and "horizontal";Starting from the characteristics of duty administrative crime,the protection of legal interests and the cognition of the fact of dereliction of duty,this paper explores the essence of dereliction of duty and reveals the true meaning of dereliction of duty;Reconstruct the concept of "punishment and prevention" of the crime of dereliction of duty.At the level of normative perfection of the crime of dereliction of duty,the subject problem should be solved by "facing the reality and limited expansion",the causality problem should be solved by "theoretical selection and mitigation identification",and the subjective crime problem should be overcome by "abstract fiction and clear definition" to eliminate the dispute over the constituent elements of the crime of dereliction of duty.At the level of the complete punishment of the crime of dereliction of duty,the punishment of the crime of dereliction of duty should be systematically reconstructed in the direction of "severe punishment and chaos control and system coordination".Based on the concept of "both punishment and prevention" and the thought of criminal integration,this paper puts forward and constructs the duty guarantee system and duty credit investigation and evaluation system.