Research On Subject Of The Crime Of Dereliction Of Duty

Any subject of crime, by taking the advantage of bis position, takes illegal measures to seek economic benefits, misuses his authority, neglects his duty or engages in malpractice for personal gain and for which great losses of the interests of State and the individual people, is called the crime of dereliction of duty. We don't have enough recognition about the harms of the legal malpractice to society so that our research to the crime of dereliction is not in a deep level. There are still some parts of the legislation regulations that are not so mature and reasonable in the State criminal law; so that in the fields of judicial practices, the theory of criminal law cannot give scientific guidance for the judicial practice of the crime of the dereliction of duty, and that punishment activities of the crime of the dereliction of duty is very passive. In the recent years, there are more and more legal malpractice of duty happening. Thus, this article concentrates on the subject of the crime of dereliction of duty. Based on the premise of introducing the basic theory of the subject of the crime of dereliction of duty, this article focuses on the disputes and difficulties in the legal malpractice and put forward the suggestions according to the deficiencies of current laws and regulations of the subject of the crime of dereliction of duty; To sum up, this article is made up of six parts:The first part is various viewpoints about the subject of the crime of dereliction of duty in our country. It mainly introduces the laws and regulations of the subject of the crime of dereliction of duty, and various viewpoints about the essence of the subject of the crime of dereliction of duty that prevail in the academe.The second part is the restriction and defining of the subject of the crime of dereliction of duty of foreign countries, which includes the examples of legislation of foreign countries (regions) and sums up the characteristics of these regulations. And the next this part introduces briefly the researches of the foreign experts about the subject of the crime of dereliction of duty so as to take for reference of foreign countries (regions)' excellent fruits.The third part is the legislative deficiencies of the subject of the crime of dereliction of duty. It mainly generalizes the deficiencies of the legislation, judicial interpretation, legislative interpretation and the latest judicial legislation to avoid these deficiencies in the legislative suggestions.The fourth part is the essence of the subject of the crime of dereliction of duty. At first, this article analyzes and comments the viewpoints of the academe, absorbs the correct contents and takes them for reference, and then sums up my own recognition of essence of the subject of the crime of dereliction of duty.The fifth part is the restriction and defining of the scope of the subject of the crime of the legal malpractice. Due to the important relations between the subject of the crime of dereliction of duty and state organs, this part will firstly sum up the characteristics and define the scope. Secondly, it will analyze the disputed subjects. At last, it will define the relations between the subject of the crime of dereliction of duty and relevant concepts.The sixth part is about the concrete imaginations and suggestions to improve the regulations of the subject of the crime of dereliction of duty. It will firstly analyze and comment the other academe legislative suggestions, and then propose my own points.