Judicial Identification Of The Crime Of Dereliction

The crime of dereliction,which is a typical manifestation of Official Rank Standard and the lack of Consciousness of Public Servants of the functionary of a state organ and a criminal behavior that doesn’t care about the interests of the country and the people.The first chapter is an overview of dereliction of duty crime, mainly about its concept,characteristics, and dangers. Dereliction of duty is the behavior that the functionary of a state organ conduct default non-performance or incorrect performance of its duties, resulting the interests of public property,state and the people in a major loss. Dereliction of duty caused significant losses to the national and people’s property, serious personal injury or death, and may cause other crimes, which should be severely punished by law.The second chapter briefly described the identification of dereliction of duty, and the distinction between dereliction of duty and work failure or mistakes.The third chapter mainly discusses causation theory of dereliction of duty. Criminal causation theory is the basis of causation theory of dereliction of duty,which have an important impact on how to identify the causal relationship of dereliction of duty.The identification mode of causation theory of dereliction of duty is impacted by Criminal causation theory, which is divided into several identification mode:inevitable, occasional causal relationship; considerable theory; proximate said theory; supervision negligence theory; objective imputation theory. Everyone identification model is both reasonable and defective. Therefore, in judicial practice, in-depth study related theories is needed, as well as selecting the correct model to guide practice.The fourth chapter brifly described the identification of dereliction of duty and its relative crimes, Mainly the distinction of dereliction of duty and abuse of power, and the distinction of dereliction of duty and the distinction between the crime of serious accidents.