Crime Constitutes Research Misconduct

Crime malfeasance theory is a theory of criminal law constitutes an important component of the controversial practice of justice is a very big problem. I practice in handling cases found that the crime of dereliction of duty is very difficult, particularly in relation to the crime of dereliction of duty, the mainstay of crime, a crime causal relationship could not yet be on the basis of consensus. Therefore, the crime of dereliction of duty is not only a crime of significance, but also of practical significance. This paper introduces the crime of dereliction of duty at home and abroad legislative forefront of the development and theoretical research on the basis of China's criminal law and the concept of duty of a crime and the four aspects of a more in-depth study and made a sound legislative proposals.This view, a crime of dereliction of duty for research could help raise awareness, increase the crime of dereliction of the crackdown, the development of criminal law theory, promote sound legislation. In this paper, the concept of the crime of dereliction of duty and features of that as a crime committed dereliction of duty, and duties related to endanger seriousness of the consequences of three essential characteristics. Secondly, a crime in the four-by-chapter on. In the main, through dereliction of duty of the existing criminal law provisions, the relevant judicial interpretations and legislative interpretation on the basis of the assessment presented to the "duality of official" nature of the new state government workers concept. Subjectively, that the crime of dereliction of duty by the provisions of the sin of a single form. Which, of the crime of dereliction of abuse is intentional crime, negligence is the fault of the crime of dereliction of crime, in particular how to distinguish between the two subjective aspects. Objectively, the crime of dereliction of a basic form and the basic types, dereliction of duty, malfeasance of causal relationship was analyzed. The dereliction of duty, which it considers as its form is not pure, and not abiding into service, in-service, do, observe the three types of misconduct. The abuses that their acts and omissions, including two forms, and to conduct in the exercise of power abuses during the "degree" as a standard, divided into abuses will not exercise their functions and powers deliberately, intentionally incorrect exercise of their authority, competence deliberately forsaken three types, the former two the omission of forms, as a third party to form. The favoritism, the connotation of favoritism, practice favoritism or of favoritism and the relationship that should include practice favoritism or favoritism, but that favoritism should include representation of private fiats. On the nature and status of gerrymandering that favoritism is favoritism of the crime of dereliction of crime and the motive for a subjective element. The content and nature of the fraud, a fraud that the objective elements can be divided into the following two situations: All provisions of criminal law, the specific details of the abuses, fraud is simply the abuses of the same language, but no other special meaning; All provisions of criminal law is not specific the abuses, only "favoritism" complex acts, then the fraud is on specific abuses and general summary. On the crime of dereliction of results of the crime results in the crime of dereliction of system status; That standard adopted "three yuan standards", and argues that the specific method. The crime of dereliction of duty on the causal relationship between the negligence of dereliction of duty and abuse of the causal link between the judicial cognizance of the actual conduct. In addition, Germany and Japan focused on the supervision of the Criminal negligence theory and principle of trust that our legislation should be adopted to this theory, to have leadership, supervision, management responsibilities of the criminal acts were held with the law. The object, humor, from the crime of dereliction of duty violations start with the subject, put forward its views. Finally, a summary of the legislative duty of Perfection.