Study On Subject Of Crime Of Malfeasance

In recent years, the field of job-related crimes often has a series of major cases. Corruption and bribery involves eye-popping huge amount, the disastrous consequences caused by the dereliction of duty is so full of hurt. The object of the job-related crimes is an offense against the normal activities of state organs and national staff positions, fairness, honesty, resulting in the interests of the country and the people suffered a major loss. Therefore, the consequences of dereliction of duty are often manifested in significant losses for the country or the rights of citizens, and its importance is self-evident. However, due to the current criminal law provisions of this-offense is not tightly, related legal concepts more vague, emerging practice for various reasons, scholars and judicial staff have quite a lot of controversy in identifying the main body of the crime of dereliction. These uncertainties directly result in the primary responsibility for staff can not be duly punished in a number of major cases, and eventually escape their responsibilities. In such cases, I will illustrate for three parts to explore the main identified problems of dereliction of duty, and draw my own judgment, in order to make recommendations on specific cases encountered in reality, explore a solution standards and methods.The first part is an overview theory on the main body of the crime of dereliction, the relevant legal provisions at this stage then raised three actual questions. At the same time, this part states the main background study of dereliction of duty. Hoping through the Comparison Method by longitudinal familiar with the legislative history to help seek solutions to those problems.The secend part for the previously proposed, combined with understanding of the background, to analyze each of the words of the scholars in the current theoretical research in the field, and then summarize the identification of national organs, in the final, proposed this article views to the specific criteria as defined in the main body of the crime of dereliction of duty.The three part is to explore the mutual contradictions and omissions in current legislation and related legislative interpretation of the provisions in the crime of dereliction of duty main identified. Searching for a solution on the basis of clearing where the problem lies, recommend suggestions to help improve the law to solve practical problems.In the whole article, the author has used many different research methods. Include Case analysis, Comparative analysis, Literature research and Case study. Hoping get a more comprehensive conclusion.