Study On Negligence Crimes Committed By Government Functionary

So-called post fault criminal, denote post people, in the process of performing post serious do not take the responsibility is, neglect duty do not perform or do not perform own duty correctly, should foresee own misconduct behavior possibility cause the result of harm society neglectful do not foresee, or have foreseen readily believe can avoid, cause public property, country and people's benefit suffer the criminal form of important loss. In theoretical aspect system commit for post fault study not see; in legislate aspect, commit for post fault stipulate also far lose in post intentional criminal, lack unify, tight legal stipulation; judicial practice aspect, have stern strike commit intentionally is light Zong the condition of fault criminal, this for serious have affected commit for post fault punish and prevent.The first problem of this paper is meaning and the legislative example for post fault criminal, as well as distinguish with related concept analyse exposition. Therefore the post on criminal law denotes the post in the aspect of administration, is a kind of is engage in the qualification of certain campaign according to law, is the organic unification of duty and a kind of authority. post people is a comparison understand , clear concept, it have shown post fault criminal appropriately contain two cross correlations also have distinguish part — — post and official duty. The new modification of 97 years of criminal law will the people of company and enterprise occupy crime and commercial bribery crime divide from corruption crime and bribery crime, explain former a kind of behavior is the post behavior of non public office, a kind of rear behavior is the behavior of official duty, though above-mentioned partition is post intentional criminal category, however this kind of change understand national legislation for us for with post and official duty different attitude have offered very good basis.The second problem of this paper is that each for post fault criminal forms the analysis exposition of feature. The main part of post fault criminal should be the affair campaign on the job in, fault land have implemented connect with its duty right necessity commit a crime behavior, and should undertake the post people of criminal responsibility according to law. May reach such conclusion from above analysis, post people include two minutes content, one is national staff(is engage in the people of official duty ). In state-owned company, enterprise, institution and mass organization, is engage in the people of official duty; the other is engage in the people of official duty according to law. 2 is the non national staff who has certain post, the people who have management and supervisor function as non state-owned company and enterprise denote mainly the responsible people who have specific post responsibility and the other people who have direct responsibility, as the accident crime of weighty responsibility of 134 stipulation. Subjective aspect is fault, include neglectful fault and too self-confident fault. Commit for post fault, will investigate it in work post on whether have maintained prudent attitude, will again investigate it whether have performed remove the duty of dangerous state; must also determine behavior person first whether have noticable ability, the behavior of behavior main part actual knowledge ability and specific condition, should based on subjective standard, is reference with objective standard is judgement behavior person notice ability believe standard. Post fault behavior include action with do not be ; endanger result should not be confined in really harm criminal, should still include fault dangerous criminal, neglect duty as the prevention and cure of infectious disease of Sub clause of 409 crime.The problem of the 3th of this paper is analyzed about the type of post fault criminal. According to the standard of difference, may divide for different type. The difference of main basis, may divide into national staff post fault criminal and the other people of public of...