Research On The Premise Of Crimes Of Dereliction Of Duty

The premise (the former case) here means the behaviors engendered before the cases of corruption in the crime of dereliction of duty existed, and directly caused corruption cases or cases of certain acts, which contains crime and a number of non-criminal cases. It constitutes a prerequisite for crimes of dereliction of duty. There are five accusations with regard to the scope of former cases' existence. They are abusing law, no transferring the crime of criminal cases with corruption, indulging smuggling, indulgence of manufacturing and selling shoddy goods crimes and the crime of help criminals escape punishment which all belongs to corruption. The former case can only be a criminal target but not be harm result in the constitutions of the crimes of dereliction of duty. No criminal target viz. the former case does not commit a crime, we can still cognize that the man commit the crimes of dereliction of duty.The true standard for cognizing the former case is that there exist evidences which can prove the crime and need to be held criminal responsibility. What's more, we must make sure the characters of the phase the former case is at in the judicial practice. Because it has different demands for acts and evidences in different stages in litigations. The legislative and judicial interpretation both have no standard in making sure the former case, so it is necessary to make clear provisions by legislative and judicial interpretation.It is not scientific and has a lot of abuses to divide the former case and the case to different investigation agencies which leads to great difficulty for the prosecution to inquire the crimes. So we should break the rule not to divide the work to the standard of the main crime but to the nature of the alleged crime no matter from the theory of law or from judicial practice. It is doable for the prosecution to investigate and dispose the former case and the case of crimes of dereliction of duty from the theory and practice and has great advantages. So the law should ordain definitely to perfect the jurisdiction of the former case legally.