On Current Criminal Prosecutions Of Crimes Of Malfeasance

Crimes of malfeasance refer to the crimes committed by any functionary of a state organ who abuses his power or neglects his duty, and thus causing heavy losses to public money or property or the interests of the state or the people. Samuel P. Huntington has pointed out that the problems of corruption, malfeasance for example, are closely related to the economy of the society. Historically speaking, malfeasance is disciplined by criminal laws in China. Chinese genealogy of law is known for its strictness with government officials. In recent years, new tendencies appear in crimes of misuses of authority, of dereliction and of bending the law to serve personal favoritism. These crimes either cause great damages to the country, or leave negative social influence. These crimes either cause great damages to the country, or leave negative social influence.The study of crimes of malfeasance in China has much to be desired. In practice, different views remain in the field of criminal prosecution of crimes of malfeasance. This paper analyzes the concept of crime of malfeasance and its constitutive requirements. Then it focuses on a historical research of punishment of crimes of malfeasance. After an analysis of social, economic and psychological factors of the crime, this paper points out the seriousdamage this kind of crime may bring to market order, policy making and distribution. The natural conclusion we may draw is that it is a serious task to confront crimes of malfeasance, and that criminal prosecution is one of the major measures.The 16th congress of CPC has assigned the task of combating judicial corruption and of rule by law. The campaign against corruption is a critical part of building an honest and clean government. However, great differences remain in the field of applying the criminal law as far as crime of malfeasance is concerned. In this situation, procuratorial organizations find themselves at a loss. Generally speaking, the major differences lie in defining the subject of crime, quantifying the damage of the crime, joinder of punishments for bribery and malfeasance, limitation of prosecution of crimes of dereliction and the original bill of crimes of bending the law to serve personal favoritism. Out of experience accumulated in practicing, the author puts forward his own views on these controversial issues. The subject of crimes of malfeasance should be defined in a broad sense with a definite criterion. According to specific situations, damage of the crime is to be classified into different categories. Joinder of punishments for bribery and malfeasance should not be dealt with solely in accordance with clause 399 in the Criminal Law. The limitation of prosecution of crimes of malfeasance is based on the crime instead of the behavior. As to the original bill of crimes, the author compares several theories in this field, and then put forward the theory of testimony. When studying the criminal prosecution of crimes of malfeasance, the author finds that great achievements have been made in prevention and control of malfeasance worldwide. However, the study of prevention of malfeasance has a short history in China. If we want to establish a control system against malfeasance, we should take advantage of the successful experience in the world, and fit it into the specific situation in China.