The Study On The Nonfeasance Dereliction Of Duty

In recent years, whether it is poison capsule, poison steamed bread events,environmental pollution accident, or mine, projects under construction collapsed,illegal land expropriation, etc., are all hidden behind the malfeasance crime. Thesecrimes are often caused great casualties and property losses, and brings great negativeinfluence to the society and government. Malfeasance crime occurred in the exerciseof state power, in the process of managing state affairs crime, can be divided into twokinds of, as is not as. As a remarkable feature of malfeasance crime as positive action,such as by methods of leak case help criminals to escape punishment. Not as thedefining feature of malfeasance crime is not as negative, not to do what they can toshould do one’s duty, violated the legal interests should be protected. In not asmalfeasance crime, because the cause of harmful consequences appear many, exceptas a behavior and natural or other human reason, therefore has the concealment, easyto be ignored. Unit at the same time, the person also tend to think actor subjectivelyno like embezzlement, bribery, active as misconduct, belongs to the errors in the work,should not be investigated for criminal responsibility. So not as malfeasance crimemore difficult to collect evidence, the link is often because of the insufficient evidenceexamination and prosecution shall be that hard. In conclusion, not caused harmfulconsequences as malfeasance crime is great, even over corruption and bribery cases,but because of its concealment, evidence is difficult to obtain sexual characteristics,common in society on the cognitive is not enough, did not cause enough attention, and attention, also not is investigated. So not as malfeasance crime do we need to furtherstrengthen the research.In recent years, our country also stepped up to the attention of malfeasancecrime and crackdown. In2013the supreme people’s court, the supreme people’sprocuratorate jointly formulated by the "about to deal with malpractice criminal casesto explain some issues of applicable law, and further made clear about the convictioncriterion of malfeasance crime and aggravating punishment plot. Procuratorial organsagainst blasphemy and prevention departments also offer schemes in cases involvingpeople’s livelihood, and other fields of malpractice and prevention. The author is nowengaged in procuratorial organs duty crime prevention work, also worked in thepublic prosecution department for examination and prosecution. Research in theadministrative authority, they found no great harm as malfeasance crime though, but Idon’t understand and pay attention to. So, I want to choose this topic to research, todeepen understanding of its, can also be used for their work.Through research, the author found that at present our country criminal lawtheory about the study of inaction malfeasance crime is few. Is the study ofnonfeasance crime, or is the study of malfeasance crime. Research is not as this kindof special type malfeasance crime, especially about not as malfeasance crime as aduty to investigate and as a result of the malpractice crime and harm causation ofliterature is almost zero. The author consulted nonfeasance crime and malfeasancecrime, totaling nearly20books and other journal articles. Into the organ to preachconducted questionnaire survey. In the east China university of political science andlaw studying during the on-the-job forgets, has carried on the ponder and research onthis question, also consult the tutor, do well the combination of theory and practice.This paper is not as three of the focal point of the malpractice crime is not asmalfeasance crime as a source of obligation, as a result of the malpractice and theharm causality, and how to better link of examination and prosecution censorship as amalfeasance crime evidence, not for the analysis. First summarizes the threesignificant characteristics, according to the practice of performance and the subjectiveaspect of the different classification, which is as malfeasance crime gives the impression of a more profound and image. Then in nonfeasance crime as a source ofobligation is analyzed, pointed out that not as three as a source of obligation ofmalfeasance crime, in negligence cases to discuss together again as a source ofobligation. The third part is the analysis more difficult in practice is not asmalfeasance crime causal relationship, in the causation of nonfeasance crime isintroduced, based on the dereliction of duty crime, for example are introduced asmalfeasance crime behavior and harmful result are not as several ways and causalrelationship between the judgment. The fourth part with his experience in the case ofpublic prosecution department make link to how to better review is not as evidence ofmalfeasance. The study aims to make more as malfeasance crime not be pay attentionto and understand, when determined of the evidence combination, use more methods.On the one hand, in order to effectively combat not as malfeasance crime, on the otherhand, have the effect of education and prevention.