Dereliction Of Duty In Law For Several Difficult Problems

Dereliction of duty subject finds that a significant loss of identification, common crime, the crime of dereliction of duty finds that the consequences of dereliction of duty and damage identification of the causal relationship between criminal justice and so is the negligence of the difficult problems identified CCP.Identified on the subject of dereliction of duty, a law depends on whether the perpetrator has engaged in official business qualifications, the second depends on whether the perpetrator on behalf of the state organs engaged in activities related to the management of state affairs. Assigned to non-state organs, state-owned companies, enterprises, institutions, social organizations engaged in public service who can become the subject of crime of dereliction of duty, the key to see whether the national authorities the implementation of the official delegate of the public management functions. If you can become the subject of crime of dereliction of duty, if it is not. Units that have dual functions of personnel, when the perpetrator has engaged in a legitimate source of official qualifications, and also on behalf of state organs in the exercise of a management nature of the state official, should be identified to meet the main requirements of dereliction of duty, otherwise not. The interns will not be the subject of crime of dereliction of duty.Dereliction of duty in "significant loss" in the indirect economic losses from the direct economic losses must be caused by and directly implicated the judiciary when filing the loss of objective reality. Identification of non-material damages in addition to reference to the relevant laws and regulations, the more specific issues should be based, in accordance with the public's common-sense knowledge, that is, common-sense understanding of ordinary people to determine their severity. Of misconduct may result in serious harm to the public interest the case of danger, can learn the theory of Dangerous Criminal Law, appears to jeopardize the livelihood of the public interest involved in the risk of a crime of dereliction of duty identified as non-material losses. Adverse social impacts identified, you can delegate the authority of the social intermediary organizations to adopt the method of sample cover poll. Can not "cut" to dereliction of duty time as the filing to determine significant loss of time. Dereliction of duty filing, the economic loss is the trend to continue to expand, should ultimately result in actual losses recognized as a crime of dereliction of duty in "significant losses." On the original case file for investigation, the investigation before filing criminal cases of dereliction of duty to restore economic losses, should distinguish whether the restore economic losses to the Criminal Investigation Department or other legal means of measures to restore the situation, determined to make a different. Exhausted all legal means for the still claims can not be achieved, can the economic losses as a dereliction of duty claims losses.Causal relationship with dereliction of duty "more because of a fruit," the universality of reason as the behavior is not universal, complex, causal longer intermittent, and other special features. Causal relationship between the accident into a more causal relationship between dereliction of duty is necessary, but also the characteristics of dereliction of duty requirements of the crime itself. Dereliction of duty, there may be an indirect cause of guilt of the perpetrator than the direct cause perpetrators. Causal relationship between identified dereliction of duty only to determine the causal relationship between the fact that the law of legal causation without the need to judge.Crime, the crime of dereliction of duty, non-state organs and state organs to the same practice for the crime of dereliction of duty committed, generally by dereliction of duty should be convicted of both. At the same time meet the other of crime, and the heavier punishment when convicted and punished according to other crimes. Abet non-state organs, to help state organs and state organs to implement crime of dereliction of duty staff abetting, assisting non-state organs to implement a crime of dereliction of duty, should be in accordance with the crime of dereliction of duty on both the common criminal punishment. Misconduct decisions collectively, those involved in policy decisions agreed with the decision, constitutes a dereliction of duty accomplices. Unit leaders deceived by specific staff to make unlawful decisions,the specific crime of dereliction of duty staff composition,leadership does not constitute a crime.But not entirely the duty of care, can constitute a dereliction of duty of crime. Staff leadership specific knowingly violating the relevant provisions of the decision is still implemented, would constitute an accomplice in a crime of dereliction of duty, to distinguish whether the staff refused to carry the power to make different identified.