The Research Of Relevant Questions About How To Identified Losses In The Crime Of Dereliction Of Duty

Although the legislation on the offense of misconduct in recent years to explainjudicial interpretation and judicial interpretation of the nature of normative legaldocuments has been issued.But due to new problems and new situations emergingunderstanding of the differences in understanding and judicial officers of the law.Judicial practice, the existence of a lot of confusion.Recognition of losses in thecrime of dereliction of duty "significant loss" and "non-material losses" identified ornot identified calculation methods.It is a big controversy.Therefore,the author findsthat the loss of the crime of dereliction of duty as the subject, to explore the difficultissues of judicial practice in the identification of loss and responsibility to extractand summarized based on the crime of dereliction of duty loss recognized with theapplicable reference.The full text is divided into fifth parts,the general content andstructure are organized as follows:Loss results in the first part of the crime of dereliction of duty.The outset as thefirst part of the loss of this paper is to discuss the core issues of dereliction of duty.This part of the exposition is the exposition of the basic, fundamental, and is layingthe groundwork for the discussion below, which outlines the definition of the loss ofthe crime of dereliction of duty, loss characteristics, the loss of the classification andtype of results.Loss results from a large area can be divided into material loss resultsand non-material loss results, the results of direct loss and indirect loss results.From the second part to the fifth part, some of the major problems are identifiedin the loss of the crime of dereliction of duty in the judicial practice.The second partexamines the major loss of the crime of dereliction of duty judicial determination,including:(1)Heavy losses recognized standards, principles and time.(2)Non-material losses are a great loss and the determination of the offense ofmisconduct.(3) Indirect losses whether is it a great loss of dereliction of duty.The third part discusses the loss of the crime of dereliction of duty bondsidentified, including the identification of the loss on the identification and loss of interest.The fourth part combined with the current social situation, the objectiveelements of the crime of dereliction of duty loss recognized in three hot issues werediscussed. Namely: the specific recognition of the loss of human health, theidentification of the state special funds were misappropriated and food securitysector is poorly regulated loss identified.The fifth part is the ending part, discusses the objective elements of the crime ofdereliction of duty in loss determination.Concrete from three aspects are discussed:(1) restore and irreparable loss the loss of identification.(2)The loss of the crime ofdereliction of duty should the cumulative calculationBecause of space and the academic level of judicial practice in the objectiveelements of the crime of dereliction of duty loss to maintain all one one discussion,the author chooses discuss are representative and practical problem,hope that thisdiscussion can benefit to the judicial practice.