Research On Certain Issues Of Crime Of Dereliction

Crime by taking advantage of duty is the severest corruption. It has come into being with country and law emergence and has influenced every dynasty deeply. In modem society, crime by taking advantage of duty is like a globular pestilence and is threatening the stabilization of countries. Therefore, all countries have put criminal law, a final line of defense, to use against crime by taking advantage of duty. Circles of criminal law (including legislators, lawmen and theorists) in our country pay close attention to prevention and punishment of crime by taking advantage of duty.Crime of dereliction, its social harmfulness being rather serious, is one of the crimes by taking advantage of duty and has been punished severely by criminal law both in modern or ancient times and at home or abroad. Statistics shows that crime of dereliction in the past ten years is more and more intensive and increasing at a surprising speed. It has caused enormous losses. Its social harmfulness amounts to a startling extent in our country. How to effectively correct crime of dereliction and contain it has become an important task in the study of criminal law, just like the purpose of this article. The author, on the base of predecessors and colleagues' research, analyses the achievements in Chinese and foreign legislation on crime of dereliction and then tries to solve some problems as follows: Firstly, defining subject of crime of dereliction, analyzing legislative defect of it, then putting forward measures to perfect it. Secondly, defining subjective element of crime of dereliction, studying on legislative flaw of it and proposing the suggestion of improving it. Thirdly, researching "material injury" in crime of dereliction.