Dereliction Of Duty And A Number Of Issues Discussed

The article consists of four parts:Part One: The subject scope of the malfeasance crime. In ourcountry, the subject scope of the malfeasance crime constantly changes in legislation and in administration. According to the current penal law in our country, the government employee who works in national departments is the subject of the malfeasance crime. This article introduced the legislative evolution and relative administrative explanation of the subject of the malfeasance crime in our country and also explored the prescription of the national employee. From the angle of the essential characteristic, the prescription of the national employee should measure from the being engaged official business as well as from the personality. Due to the political system in our country, not only does exist the strict sense of the government employee but also the great number of official powers outside the government department, which can perform the right of legislation, administration and military affairs decision. They are called the quasi government employee. According to 《The Explanation of the Applying Subject of the Malfeasance Crime in the 9th Chapter of the People Republic of China Penal Law 》, The National Peoples Congress enlarged those who perform the right of administration and supervision but not authorized staff as the government employee. This act is the succeeding and developing of the spirit of the former legislative explanation and also provides the identity of special staff with unified law basis. This article analyzed the subject rules of the crime in our current law and legislative explanation and also compared to the penal law abroad. Through the comparison, we can learn more about the subject scope of the malfeasance crime.Part Two. The cognizance of the offense form of the malfeasancecrime. In the current criminal law, the offense form of the malfeasance crime is misfeasance...