A Research On Crime Of Neglect Of Duty

The crime of neglect of duty is one of crimes of dereliction of duty. It possesses the common character of crime of dereliction of duty and also has its own character. According to Chinese criminal law, the crime of neglect of duty is that any functionary of a State organ neglects his duty seriously, fail to perform his duty or perform his duty incorrectly, and causing heavy losses to public property or the interests of the State and the people. It's a general name about such kinds of neglect of duty crime. Apart from the introduction and the conclusion, the article which consists of three chapters make a research on the crime of neglect of duty from different aspects.Chapter one has an overall investigation on the new country criminal law about this conduct of neglect of duty from history and the criminal theory. Section one of this chapter makes a systematic investigation on the background of the crime set and changed in history, which goes through 66 years from the Soviet regime to 97 criminal law revised. Section two makes a deep analysis on the criminal theory for China to set up this crime from the perspectives of tradition of the criminal theory, the principle of legality, the rules of proportion and the danger to society.Chapter two analyzes the elements of subject, guilty mind and object, in order to settle practice problems better through the theory discussion and the implementation of criminal law. The section one of this chapter gives a definition to functionary of a State, then discusses the subject scope of crime of neglect of duty and provides personal opinion to solve puzzle problems in judicial practice. Section two holds that the guilty mind of the crime of neglect of duty is negligence. It includes careless fault and the fault of overly confident. And most of time, it is a kind of supervision negligence, after commenting on all kinds of theories on guilty mind of crime of neglect of duty. The article distinguishes the differences of guilty mind between the crime of neglect of duty and the crime of abuse of powers. In the third section, the author analyzes the conduct facts from three aspects, considering that the duty is classified into public duty and job duty. Both of them can be regarded as criterion on whether some conduct satisfied the crime of neglect of duty. Then the article makes a further study for the conduct of neglect of duty on character and quantity. At the same time, the article also solves some problems existing in judicial practice. The second part of this section studies the consequence of this crime from the form the perspectives of judicial standard. The issue is how to estimate the dangerous consequence according to the judicial standard. In the section three, this article introduces the classification, feature of the causation of such a crime, and discusses the problem of responsibility.In the chapter three, the author considers that the differences such as litigation model, the content of duty, the scope of subject, the penalty establishment, the rules of conviction and sentencing of a crime, and so on existing in regulations from the ancient to now, the foreign countries to our country, through the comparison. This article makes a deep study on these differences through comparing plenty of written data. On this basis, the article presents some perfection advice to problems and defects existing in litigation and judicial practice of the crime of neglect of duty in our country.