Dereliction Of Duty Constitute A Crime And Related Issues

The crime of dereliction is a form of expression of corruption committedby officials, which causes serious offense against social order. Therefore, it has been regarded as one of the main objectives in the penal system for countries all over the world. China Criminal Law 1979 has already stipulated the crime of dereliction in explicit terms, and during the revision to the Criminal Law in 1997, some changes have been made concerning the legislative mode and detailed provisions of the crime. The author of this thesis proposes to perform further discussion the crime of dereliction based on the legislative stipulations of the Criminal Law 1997.This text constitutes to from six parts, about 30000 words.The first part carries on treatise to the corpus which crime of dereliction to guard offense. At our penal code field, for play suddenly a job to guard an offense controversy biggest fored the corpus which plays suddenly a job to guard offense. Penal code provision of crime of dereliction to guard offense corpus for the country a house an organization staff member, but because of the scope indetermination of national organization staff member, for long time, the existence greater branching of the public's understanding toward national organization staff member. The writer thinks should abandon that offense corpus for the country house organization staff member of standpoint, approving that offense corpus should be the government functionary's standpoint.The second part argument crime of dereliction to guard the subjective aspect of offense. The traditional standpoint thinks that offense subjective aspect is a mistake, don't constitute this offense intentionally. Develop continuously along with the judicial fulfillment, can also become the standpoint of this offense fault to also be accepted gradually indirectly and intentionally, this...