Research On Criminal Legislation Of Anti-Dereliction Crime

The dereliction crime, is called "does not fall the belt-bag corruption", the loss it creates is much larger than the loss which the embezzlement or the bribe crime brings. It is now one focal point question which is paid much more attention by international society, dereliction crime in our country is also serious and assumed serious tendency day by day. The concrete manifestation is: the first is that it is easy to create dereliction in most of the government departments, the second is that the leading cadre dereliction crime can not obtain the effective containment yet; the third is that the dereliction crime and the judicial corrupt exist at the same time and this situation is becoming more and more serious, especially the privately corrupts practices crime is in the majority the development from the before orphaned document for the nest document, the string document, the gang commits a crime is in the majority; the fourth is that the dereliction crime attack not only strengthens, but also the probability which investigates lower, the crime cost and the risk are not big, the crime psychology strengthens the situation is obvious. How effectively the punishment and does the prevention dereliction crime how punish and the prevention dereliction crime, has become suspends is extremely urgent in front of us and the also arduous duty. Facing the challenge, first needs us to study the discussion on dereliction crime the concept, simultaneously utilizes the comparison research the method comparison model various countries in particular developed country counter- dereliction crime criminal activity legislation aspect advanced experience, and the dispute which exists in the judicial practice carries on the discrimination using the induction analysis method to our country counter- dereliction crime criminal legislation, consummates our country counter- dereliction crime the criminal legislation. This article is composed by six parts, the main content is:The introduction partial first pointed out the dereliction crime the gravity and studies the counter- dereliction crime criminal activity legislation the necessity, next pointed out predecessor's research results and gives the brief analysis, finally proposes this article idea.First chapter is about the dereliction crime outline. This chapter obtains from the research dereliction crime concept, the comparative analysis domestic and foreign dereliction crime concept and has formed down unique dereliction crime concept in this foundation: The official in the duty activity, the abuse of power, is derelict, hindrance country management, causes the public property or national and people's benefit suffers the heavy loss the behavior. After that briefly was elaborating the domestic and foreign dereliction crime classification, thought as follows foreshadowed.Second chapter emphatically elaborates the counter- dereliction crime criminal legislation comparative analysis. Through to the overseas anti- dereliction crime criminal legislation research and the appraisal and our country counter- dereliction crime criminal legislation commentary, I has made the comparative analysis to the Chinese and foreign counter- dereliction crime criminal legislation .May see from the domestic and foreign counter- organized crimes criminal activity legislation practice, the various countries all very much takes the counter- dereliction crime the criminal legislation and mainly and auxiliary punishes and the prevention dereliction crime through the criminal substantive law by the necessity administrative measure. They stipulated dereliction crime main body scope broad, the constitution important document is wide, all carries out the punishment severely principle and generally is suitable the fine punishment and the qualifications punishment. The various countries also passes the administrative measure to come the strict counter-dereliction crime the criminal law net. Our country and the overseas anti- dereliction crime criminal legislation compares, in advance, the logic, completeness, necessary as well as the penalty establishes aspect and so on rationality has many problems. In aspect nearly piece of blank and so on special an administrative measure, this enlarged in the judicial practice to recognize, to attack this kind of the crime, the difficulty therefore had to be consummated.Third chapter the dispute which existed in the judicial practice has carried on the discrimination to our country counter- dereliction crime criminal legislation. Mainly from dereliction crime main body recognizing, dereliction crime subjective aspect recognizing recognizes with the dereliction crime objective aspect launches, and proposed some own viewpoint. I thought the dereliction crime the main body should change "the official" by "the state personnel". The approval "the sole crime said", advocates the criminal law minute then a dereliction crime chapter of institute stipulated the crime form is sole, either is intentionally, either is the error also most for intentionally, minority is the error. Among them, the abuse of power dereliction crime is intentionally the crime, the being dereliction crime is the error crime. Engages in malpractice for personal gains already is not the objective important document is not the subjective important document, also non- motive also non- goal. Into engages in malpractice for personal gains on kind of dereliction crime recognizing, should not the behavior person whether practices favoritism the premise and the foundation which the achievement determines guilt. The theory long-term argument continuous mainly is revolves the non- materiality loss and the indirect economic loss whether do belong to the dereliction crime "the heavy loss" the scope has been meaningless.Fourth chapter for our country anti-dereliction crime criminal activity legislation consummation. In to the various countries anti-dereliction crime criminal activity legislation comparative analysis and to our country counter- dereliction crime criminal activity legislation in the dispute discrimination foundation which in the judicial practice exists, I proposed corresponds with it consummates the suggestion. Namely through consummation criminal activity substantive law and with the aid of administrative measure strict counter-dereliction crime criminal law net. In the criminal substantive law aspect, must further consummate the legislation pattern, is a chapter puts the eighth chapter of embezzlement bribe crime and the ninth chapter of dereliction crime merge in the criminal law minute then center depends on front the position; The dereliction crime main body revision is "the official"; Must distinguish to the dereliction crime subjective aspect to perform to stipulate in black and white that, namely the abuse of power crime subjective aspect only can by intentionally constitute, is derelict the crime subjective aspect only to be able to constitute by the error; Should obliterate "engages in malpractice for personal gains" the stipulation, responds "the heavy loss" by the criminal law bill for amendment form prompt legislation; Adopts the spirit to the dereliction crime which severely attacks, enhances the legal punishment and increases the fine punishment and the qualifications punishment. Also is consummates the counter- dereliction crime criminal activity legislation with the aid of the administrative measure the important aspect, current is urgent needs to strengthen the system to construct and to consummate the surveillance mechanism.The conclusion partially proposed the article basic concept, main innovation and research insufficiency.Through the material which collects to at present looked that, the academic circles are not many to the dereliction crime domain research, also the research mainly concentrates to the dereliction crime main body, the dereliction crime form or unifies our country criminal law the concrete charge which stipulated to the dereliction crime to conduct the research, but the accessory punishment matter substantive law and the corresponding administrative measure unify the angle constructs our country counter- dereliction crime criminal activity law net the special study at present certainly not much to see. Overseas had the suitable country all regarding this to make the corresponding stipulation, our country has had to unify our country the judicial practice, had the pointed perfect our country anti- dereliction crime through the model international advanced experience the criminal legislation. Thus, both is advantageous to the attack dereliction crime and is advantageous precautionary methods, truly achieves"combination of prevention and attack", prevents the occurrence of the dereliction crime from the source.