For Zhang, Zhou Negligence Case Analysis

Based on the county family planning guidance station XX is principally responsible for Zhang, Zhou case of dereliction of duty case analysis, the focus of controversy in the case, thus the theory of malfeasance in judicial practice and judicial problems inAnalysis, and legislative issues for the perfect proposal. As a broad sense, including the crime of dereliction of duty, "Criminal Law" Chapter IX 397-419 required of all charges; the narrow sense of dereliction of duty, refers only to "criminal" Chapter IX under Article 397 of dereliction of duty and abuse of power crime. Therefore, based on case-related charges involved, the contents of this article refers only to a narrow discussion of the crime of dereliction of duty.Dereliction of duty against the object of public trust for the state organs and public interests, its harmful consequences and responsibility in the form of hidden, leading to the public for its harmful consequences can not form a correct perception. However, from there this year, many of dereliction of duty caused the harm of view, the harm of crime than the general duties of the harmful consequences are more serious. In recent years, malfeasance in office of the high incidence of crime showing a trend, has seriously affected the credibility of state organs, but also caused significant economic losses. Supreme People's Procuratorate made this year for the crime of dereliction of duty and combat special rectification work, hoping to curb the high trend. In this paper, the "birth control station" case, case studies, that malfeasance in judicial practice, there are three aspects: first, the main crime of dereliction of duty, the absence of law, judicial interpretation of vague and conflict with the law, judicial practice in the "staff of state organs" found cases of non-uniform leading to precipitation; second, for the crime of dereliction of duty against the consequences of that standard is not uniform, especially in the non-material aspects of the identification of harmful consequences, is in dispute. In addition to the traditional criminal law theory has no value on the evaluation of the results of dereliction of duty, but in practice there are many simply can not insist on the evaluation of the results worthless legal fact, or simply to evaluate the results worthless serious miscarriage of justice of the phenomenon exists; Third, the light punishment of the crime of dereliction of duty, the common trend, leading to dereliction of duty of accountability to combat into an awkward position. Seriously damaged the authority of the law, breeding ground of dereliction of duty intensified. So I improve malfeasance of justice from the practical point of view put forward: First, the main responsibility for the crime of dereliction of duty extended into the national staff and will include some special industry, the main offense of dereliction of duty areas; Second, the harmful consequences of the crime of dereliction of duty should insist on the identification of "dualism" point of view, and behavior will result worthless worthless considering identified, placed in the criteria for the determination the crime of dereliction of duty on non-material damage in the awareness of the consequences on the judicial consensus, reduce practice inspection method due to cases of disagreement which led to precipitation;...