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A Number Of Issues. Dereliction Of Duty Study

Posted on:2007-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:L P ZhangFull Text:PDF
GTID:2206360185472113Subject:Law
Abstract/Summary:PDF Full Text Request
The article consists of six sections:First, the main body of dereliction of duty. According to China's criminal law, is the mainstay of dereliction of duty by state functionaries. State functionaries on the specific scope of the theory and practice of long-term presence in different awareness. According to the Penal Code an intrinsic requirement of social protection should be the subject of dereliction of duty elements will be amended to expand its scope to national staff.Second, dereliction of duty subjective. My 1955 from the "PRC Criminal Law outline (draft)" to the provisions of paragraph 84 of the 1997 Penal Code Article 397 on the crime of the terms of dereliction of duty as has been the fault of crime will be provided. Dereliction of duty as a criminal fault, the sin of specific content including careless fault and the fault of overly confident.Third, dereliction of duty behavior. Their behavior can be as, and can also be omissions, the specific content of the performance of its duties and for failure to perform their duties two cases incorrect.Four major loss to the understanding of dereliction of duty. Dereliction of duty by the establishment must be causing significant damage. In accordance with the relevant judicial interpretations of the Supreme People's Procuratorate, the specific standards for heavy losses on file for that. Significant loss of time that should be placed on file for investigation in the People's Procuratorate, the perpetrator is irreparable, caused by the behavior of that part of its economic losses reached on file for as long as the criteria to be identified as a major loss, that constitute a crime.Five dereliction of duty in the administration of justice is that the other problems that exist. Dereliction of duty, retroactive effect to the date of their behaviour as criminal acts are caused by the negligent acts objective harmful consequences of the...
Keywords/Search Tags:dereliction of duty, crime finds, legislative perfect
PDF Full Text Request
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