Subject Of A Crime Of Dereliction Of Duty

Malfeasance refers to national office working personnel in business activity abuse their powers, neglect their duties, commit fraud, interfere with the state's management activities, cause public property or countries and people's heavy losses to the interests of the behavior in social life, all kinds of malfeasance havoc on the order of the market economy, damage the interests of the state and the people of our country law, the construction of harmonious social formation severe challenges. In our country, because the harmfulness of malfeasance that different understanding and malfeasance subject divergence on judicial practice, make some serious harm social order of dereliction of duty behavior and not getting good punished. The judicial practice the objective requirement of malpractice crime blow with malfeasance criminal legislation the contradiction of the separation is more and more obvious, criminal law is calling for the expanded malfeasance subject range of voices in our country is increasingly intense, makes the jurisprudence of the main body of crime malfeasance more value and practical significance. This article from the concept and basic characteristics of malfeasance, based on the subject of malfeasance focused on relevant issues are studied and discussed the subject of malfeasance, insist on the premise of the basic legal theory, on the research emphasis on current our country criminal law educational world exist on the difficult problem of bigger dispute, trying to find a way to overcome the difficulty and the measures for criminal legislation keep abreast with satisfy the need of judicial practice proposed legislation suggestions.Generally speaking, this paper mainly content by four components:The first part is about the subject of malfeasance historical evolution and legislation survey. This part from home and abroad two aspects through time and space on the subject of malfeasance compare legislation survey so as to find out the comprehensive introduction, for Suggestions, perfecting the legislation malfeasance groundwork.The second part is about malfeasance subject connotation and extension analysis. Mainly uses punishment law theory on what is malfeasance, its essential character performance subject how; Elaborated the connotation of the official meaning malfeasance of, state organs, the limits for controversial malfeasance subject to discuss, and the relevant provisions in the current criminal law of malfeasance define the subject of extension.The third part is about our malfeasance subject problems analysis. Major legislative defects, judicial interpretations from the defects and the defects of legislative explanation three aspects as the breakthrough point the discussion of China's malfeasance, to our country nowadays malfeasance main subject in cognizance process problems of in-depth analysis, trying to find a better solution malfeasance subject legislative and judicial practice the contradiction between the methods.The fourth part is about perfect our country's malfeasance subject relevant regulation thinking and legislative proposals. This section and the third part is the basis for the third part, the problems and defects are subject to judicial practice, this paper, from the necessity of perfect malfeasance main body legislation on how to improve, the author puts forward some Suggestions of main body legislation malfeasance.