On The Identification And Improvement Of The Crime Of Dereliction Of Duty

Malfeasance crime,including abuse of power,dereliction of duty,the law more than 40 charges.In job-related crimes in a more typical dereliction of duty,as a frequent crime.Refers to the crime of dereliction of duty of state organs seriously irresponsible,non-performance of duties or incorrect,with the result that public property,the interests of the country and the people suffered a major loss of behavior,also known as "pockets of corruption do not guess." Dereliction of duty against the consequences of crime is very serious,often caused by dozens,hundreds of human casualties,or hundreds of million or even billion of economic losses,in some cases also seriously damaged the prestige of the party and the government.At present,there are a lot of acts of dereliction of duty,resulting in the loss of shocking and often intertwined with economic crimes,crimes against larger,more difficult to investigate and deal with.Mention corruption,bribery crime,Cutting hate all the people,and about criminal dereliction of duty,but few people bristle.Because it is mostly the fault of crime,not into the pockets,not to private,subjective vicious small, easy to win sympathy.Currently,there are frequent crime of dereliction of duty,also covers a very wide, even in law enforcement,supervision departments have a higher incidence.And because China is in the primary stage of socialism,bureaucratic style of work remaining in the short term can not be eradicated;At the same time,collapse of social transition ceremony background music bad,managers also need to improve the quality of a period of time.All these initiatives demonstrate the existence of criminal dereliction of duty will be long-term perspective,we should seek measures to make the crime rate kept to a minimum so that the case has been made are properly disposed of.Therefore,in order to effectively prevent and punish the crime of dereliction of duty,it is necessary to carefully study the law of negligence and characteristics of the crime,its comprehensive and profound understanding,the only way to targeted,and better prevention of its occurrence.The author summed up in a serious dereliction of duty for his own struggle with the basis of experience,combined with the basic principles of criminal law to try to study in depth the theory of the crime of dereliction of duty and law.In this paper,the main can be divided into four parts. The first part of the body,that is,the connotation of the crime of dereliction of duty on the crime of dereliction of duty of our history,connotation and denotation of these three issues.Carding the first in China since the new China on the legislative history of the crime of dereliction of duty,and then the connotation of the crime of dereliction of duty to conduct a preliminary interpretation of the final is on in our country,"Criminal Law" in dereliction of duty on other legislative acts of the analysis to determine the extension of the crime of dereliction of duty.The second part of the body,that is,elements of the crime of dereliction of duty on analysis that the crime of dereliction of duty in the object,the objective,the main body of the four aspects of subjective elements of the found.With regard to the object of the crime of dereliction of duty,the author first introduced the controversial theory, and that the object of the crime of dereliction of duty is the normal activities of state organs management activities,or national organs of the community management functions.On the objective aspect of the crime of dereliction of duty that the principal author of the controversial practice in the administration of justice,making it difficult for the dereliction of duty and its heavy losses of public property caused by the circumstances that were analyzed,discussed,in order to gain a deeper understanding of these two relationship,the author also discusses the crime of dereliction of duty and their criminal acts against the results of the causal relationship between.On the main body of the crime of dereliction of duty that the analytical writer on China's current criminal offense of dereliction of duty on the subject of an effective,and that trade unions,Communist Youth League,women's federations and other bodies engaged in official business in accordance with the law also deserve to be recognized as the staff of state organs.On the subjective aspects of the crime of dereliction of duty that,I believe that the sins of the crime of dereliction of duty,including negligence and intentional indirect.The third part of the body,that is,the administration of justice in our country that the crime of dereliction of duty in the main crime of dereliction of duty crime and Non-crime,this crime and the limits of another crime,with particular emphasis on the practice of difficult problems,to clarify certain misconceptions about the past through a number of typical cases in-depth analysis and discussion of the dereliction of duty and the work of mistakes,the crime of dereliction of duty and general acts of negligence,the crime of dereliction of duty and abuse of power,dereliction of duty and other offenses such as negligent dereliction of duty at the border and encountered in the crime of dereliction of duty and how that law applies to some of the views put forward.The body of the four parts,namely the crime of dereliction of duty to improve the law,primarily on the basis of the author in Jilin University School of Law from the Law,theoretical study and practical experience in the work of the author,on how the crime of dereliction of duty of upholding the legislation the principle of legality, with regard to negligence Sentence of the perfect crime and how to configure more effectively to achieve prevention and a special penalty for the general purpose of the prevention recommendations.First of all,I analyzed how the main body of the crime of dereliction of duty from the "state organs" to the evolution of "national staff",and then go beyond the "national staff" of the process,put forward since then,"Penal Code" provides the main body of the crime of dereliction of duty can not meet the real needs of our society,it is recommended by the NPC or its Standing Committee to make effective provisions to uphold the principle of legality.And then through a comparative analysis of cases come to the crime of dereliction of duty as a result of legislative Moderate light Sentence of the judicial practice,a direct result of the crime of dereliction of duty lack of understanding of social harm,which suggested that the crime of dereliction of duty free criminal sentence to 15 years,or even to consider the introduction of the death penalty.Finally,penalties for the purpose of our analysis,the proposed increase in property qualifications and criminal punishment.