Research On The Subject Of The Crime Of Dereliction Of Duty

Any subject of crime, by taking the advantage of his 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. The crime of dereliction of duty damages the benefit of country gravely, endangers order of the market economy, encroaches on people's livelihood benefit, treads dignity of the legal system. 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 legistation 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 1egal 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 four parts:The first part is the changes 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.The second part is on the intension and extension of the subject of the crime of dereliction of duty. Firstly, the article analyzes and comments the viewpoints of academe, and then absorbs the correct contents and takes them for reference. Because of the important relations between the subject of the crime of dereliction of duty and state organs, this part will generalize the characteristics and define the scope, then summarize my understanding of the intension of the subject of the crime of dereliction of duty. Secondly, on the basis of discussion the principle of the extension of crime of dereliction, determination the disputed subjects will be made. At last, the extension of subject of the crime of dereliction of duty will be defined.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 about the concrete imaginations and suggestions to improve the regulations of the subject of the crime of dereliction of duty. It firstly analyzes the necessity about the perfection of legislation related to this issue. Then comments the other academe legislative suggestions, at last proposes my own points.