Dereliction Of Duty "non-material Loss" Research

Malfeasance became one of the most common type of case in judicial practice at present in China, one of the science and technology highly developed today, malpractice injury consequence is not only the influence of the stop to the state, society, economic damage caused by the people, in fact many of malpractice of non-material damage situations exist in great quantities, how to make this part of the non-material loss in malfeasance of the constitutive requirements of effective action is worth., therefore, the study of malfeasance damage consequences and the legislation to perfect the relevant legal workers gradually become a research focus.Malpractice injury consequence is usually divided into two types:"material loss" and the "non-material losses". Material loss of this damage consequences abound in the judicial practice case, because of its standard that can be quantified, the evidence requirements are very clear, therefore, material loss in the current of malfeasance conviction sentencing plays an important role.Instead, the cognizance of non-material losses because its impossible to quantify, accurate characteristics, therefore, the cognizance of the injury consequence is difficult, but with the development of information technology, the globalization "non-material damage" injury consequence not only to the state, society, people has brought serious impact, bad effect even when a devastating blow to an industry survival, such damage consequences cannot be measured by economic index, to some extent, its damage is far more than the physical damage.Therefore, it is necessary from the perspective of substantive law to improve the criminal regulation of malfeasance "non-material losses". On the legislation, shall formulate uniform, standard of identifying a specific; in practice, the establishment of case guidance system, strengthen the judicial departments communication and coordination, in order to agree on a "non-material loss" that, in order to offer a more reasonable to judicial departments to crack down on the crime of malfeasance, more perfect criminal law basis.