| With extraordinary importance attached to crimes of dereliction of duty, the current Criminal Law has set up separate chapter for it, thus significantly increased the legislative length and content compared to 1979 Year Criminal Law. The separate stipulations for more severe punishment for state personnel have been also added to the laws for many traditional crimes. However, in the further applicability of laws to real cases and the deepening of theoretical study, it becomes increasingly difficult to recognize crimes of dereliction of duty judicially and theoretically. The ninth chapter of Criminal Law has displayed growing flaws in both legislation and legal stipulation, which should be given sufficient attention and consideration to improve it.The thesis starts with the current situation and features of crimes of dereliction of duty in China, analyses the serious damages it brings to the administration system of national organs and normal order as well as to public property and the state's and people's interests. Next, it reviews the stipulations on this crime in other countries and examines their legislative features, mode and system in particular so as to shed some light on the improvement of current Chinese laws for crimes of dereliction of duty. Furthermore, after detailed analysis of current Chinese legislation and stipulation on crimes of dereliction of duty, the thesis points out various flaws, such as deviation in subject defining, non-specified range, unreasonable legislative structures and the hindrance of judicial interpretation. Viewing from the perspectives of Criminal Law(including Amendment Act), legislative and legal interpretations, combining the features of theories of criminal law, academic research findings and judicial practice, the writer elaborates his propositions by exploring the perplexing, prominent and pragmatic problems existing in judicial recognizance of crimes of dereliction of duty: 1. The subject of crimes of dereliction of duty should be defined as" those who are in the process of execution of national administrative duties". 2. The difference in crime forms is essential to distinguish the crime of neglect of duty from the crime of power abuse. The former one is only constituted of failure in performing one's duty while the latter only of intentional deeds; from the mode of behaviors, the former one is categorized as involuntary crime while the latter can be constituted of either voluntary or involuntary modes. 3. The damaging consequences is to distinguish the accomplished offender from the attempted one, the guilty one from the innocent one; the rules for defining financial loss are by direct loss, indirect loss as well as saved loss, interest loss and obligatory right loss. 4. If the original crime or the premise crime does exist, evidences should be used to prove the facts of original crime according to the stipulations of Law of Entity. 5. Crime of practice of favoritism and irregularities by state personnel is constituted of bending law for the benefit of one's relatives, friends and one's own interests. One's own interests include both material and non-material interests. Those interests usually can be categorized into personal interests and group interests. Practicing favoritism falls into motivation category and is not the requisite in constitution of crime. 6. The category of implicated offender in crimes of dereliction of duty, unless there are separate stipulations for it, should be subject to the principle of concurrent punishment; the crimes of covering up others to commit crimes of dereliction of duty should be also subject to the recognizance of crimes of dereliction of duty, unless there will be more severe punishment for the accomplice accusation, then it should be recognized as crime of accomplice. By defining some perplexing and controversial issues in judicial application of laws for crimes of dereliction of duty, the writer attempts to give a convincing method or opinion on judicial handling of this kind of crime.Finally, the writ...
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