The Study On The Nonfeasance Dereliction Of Duty

Dereliction of duty is the crime which is committed in the exercise of state power,management of state affairs. Due to dereliction of duty is closely related to people's positions, so the damage is often great. Meanwhile, the displays of dereliction of duty are often not positive, proactive actions that violate legal interests on the protection of criminal law, but often negative actions that abandon their duties. Usually, there's no concrete behavior of the nonfeasance on criminal object. Moreover, the nonfeasance is covert and is not easy to get evidence. Therefore, when dereliction of duty comes into the judicial process as a criminal case, the perpetrator is difficult to be held criminally responsible. The awareness of the dereliction of duty and awareness of its dangers are at a very low level. All those result in great damage to the rule of law and human rights. How to effectively investigate and prosecute of criminal cases involving dereliction of duty has become a major problem for the majority of practitioners of justice.In recent years, national leadership attaches great importance to the work situation of malfeasance; the Eleventh National People's Congress listens to and considers the special report about malfeasance prosecution for two consecutive years. The Central Discipline Inspection Commission and other nine ministries and commissions jointly issued the "a number of opinions on enhancing the punishment and prevention of criminal malfeasance efforts" in October 2010. However in a good social environment and legal environment, the investigation of criminal cases involving dereliction of duty still faces great difficulties. It's not only closely related to their own characteristics but also due to the vacancy of the law in this aspect. Especially when there's no agreement on the two key difficulties which are the source of active duty in the malfeasance and the relationship between the malfeasance and results, in addition of fearing erroneous mentality, the dereliction of duty is not easy to file, prosecute and deal with. As a result, it severely restricts the investigation of dereliction of duty.The paper takes researches on the above two key problems which are the source of active duty in the malfeasance and the relationship between the malfeasance and results. Firstly, the paper analyzes the characteristic of dereliction of duty, classifies the dereliction of duty according to China's criminal law and judicial interpretation of the provisions of the crime and sorts out the confusing concepts of active, passive, deliberate and negligent error. Then the paper proposes three sources of active duty. The third part of the paper compares few important theories of relationship between the malfeasance and results. It recommends using condition theory as a causal relationship of the dereliction of duty. The paper attempts to find simple and effective ways of the identification of causal relationship.