Malfeasance Harm Result Of The Determination

Malfeasance crimes is a class of the crime which is serious harmful to the society. However, from the current situation of academic research, the definition, existing form and status of crime of Malfeasance, have not reach consensus, till now, there is no fair generalization and correct theoretical position for Malfeasance crimes, and those blank lead to the identification of "heavy loss" and related issues has generated a lot of controversy in the judicial practice.In this thesis, we analyzed and summarized the common problems exposed in the course of the study of malfeasance crimes and identify the key points of attention and controversy of academic field and practice, expecting to make effective identification and method, and thus help the judicial practice. This thesis can be divided into the following three parts.First part, comments on basic connotation of malfeasance crimes. Based on currents theoretical research, we find out most controversial points of connotation of malfeasance crimes are below:first, how to definite harm results of malfeasance crimes; Second, the existing form of malfeasance crimes; Third, the position and role of harm results of the malfeasance crimes. By comparative analysis of numerous academic point of view, make further definition for harm results of malfeasance crimes.Second part, discussion on the characteristic and type of harm results of malfeasance crimes. Based on the existing form of harm results, it can be summed up with three basic features of the real harm, statutory and diversity; by classifying the outcome of the malfeasance crimes, it can classified into the direct harm and indirect harm results, material harm results and non-material harm results, general results of the harm, significant harm results and large endanger the results of these three types, all those specific types can be extension based on its contents. Third part, study on the knotty problems of judicial determination in "heavy loss." According to of the existing academic view, the "trinomial criterion" should be the standards and principles of judicial determination in "heavy loss ", and for the guidance of define the material and non-material losses of "heavy loss " specifically, it’s also provide solution of define the Claims losses, interest reversal Illegal income loss, especially provide standards and idea for the hard question of define the "a serious impact on the national reputation, resulting in adverse social impact" for judicial practice.