Dereliction Of Duty, A Number Of Issues Of The Harm Results

As a class of criminal malfeasance more serious social harm of crime, from the current situation of academic research on the concept of dereliction of duty resulting harm, the presence and status of these basic questions form many experts and scholars have not reached a consensus, did not give dereliction of duty the harmful results of a just and accurate summary of theoretical position, resulting in the judicial practice of the "heavy losses" and its related problems identified produced many controversies, the relative lack of theoretical research results as well as dereliction of duty, a direct result of judicial legislation defects practice handling criminal cases of malfeasance embarrassment. Therefore, the result of dereliction of duty to be properly identified hazards, dereliction of duty for the promotion of the theory of deepening and improving legislation and judicial practice to solve specific problems, have greater practical significance. Of course, dereliction of duty hazards result itself a considerable number of issues need to be explored, because of space limitations, this article Select harmful results such as dereliction of duty, classification, identification of several cases of economic loss, non-material damages identified several specific situations such as band there are similarities in practice to study controversial issues, proposed by exploring effective ideas and methods identified in order to guide judicial practice can be helpfulThis paper consists of three parts:the first part is to analyze the characteristics of China’s current dereliction of duty, trends, pointing out the dangers of dereliction of duty explore practical significance of the results identified; second part is the analysis of the crime of dereliction of duty "endangering Result" elements of meaning, the main introduces the concept of harmful results, features, and classification, and today’s judicial practice in the identification of "significant damage" on the problems; third part is for the "significant loss" material hazards controversial results discussed several issues, specifically during the economic loss calculations, environmental regulatory negligence harm was concluded that crime involving dereliction of duty land areas identified hazards presented the results of identification methods and standards; fourth part is a "significant loss" Intangible hazard identification process results hot issues in the judicial discussion on the "serious impact on national reputation,""adverse social impact," the controversy raised finds difficulty thinking.