Elements Of "Significant Loss" In The Offense Of Misconduct In China

The crime of dereliction of duty in official activities, the staff of state organs abuse their powers, neglect their duties or practice favoritism, prejudice state management, resulting in the behavior of public property or the interests of the country and the people suffered a major loss. However, we are concerned about the crime of dereliction of duty not concerned about the high-bribery and corruption, lack of awareness of the social harm of the crime of dereliction of duty, not very profound study of the crime of dereliction of duty, of the Criminal Law on the crime of dereliction of duty provisions need to be perfected in judicial practice, criminal law theory can not be scientifically guide the judicial practice of dereliction of duty, so that the punishment of the offense of misconduct is very passive. Crime of dereliction of duty would lead to public property, the state and the interests of the people suffered a major loss, it had to improve the awareness of the harm of the crime of dereliction of duty, and deal with dereliction of duty cases, the major loss elements found dereliction of duty and whether the key to constitute the offense of misconduct is to investigate and deal with the essential work of such crime, the lack of this link, you lose the basis of the convicted and punished. How to identify a great loss to the results of dereliction of duty, both troubled by the problem of judicial practice and theory of debate more than the hot issues in significant loss of the elements of nature, identification methods, scope and stage, there are differences of opinion. This article focuses on the crime of dereliction of duty "significant loss" elements studied.This paper consists of four parts:The first part is the connotation of the crimes of dereliction of duty "significant loss" elements of analysis, mainly to introduce the concept, characteristics and classification of major losses; the second part of dereliction of duty in China set up a "significant loss" elements of the legal analysis, introduces a "significant loss" element in the crime of dereliction of duty status and value analysis; the third part is the legal status of the foreign offense of misconduct "significant loss" elements, including foreign legislative status quo, status quo of the domestic legislation and judicial interpretation "loss" of the status quo, as well as compare and foreign legislation and foreign criminal law provisions on the crime of dereliction of duty Enlightenment; the fourth part focuses on the offense of misconduct in China "significant loss" elements of judicial determination, is the core content, including the identified basic idea and identified methods, and identified a "significant loss" of the defects and improve the proposals.