Research Concurrence Bribery And Dereliction Of Duty

As China’s economic and social development and the functions of the governmentcontinues to expand， our public servants such crimes has a new crime patterns change，China’s current crimes committed criminal acts showing more subtle， more diverseforms of crime， crime constitutes a more complex features.Social and economicdevelopment in a number of closely related fields， such as construction， real estatedevelopment， environmental protection， security， and other areas of taxadministration dereliction of duty， bribery and other crimes committed symbioticphenomenon is very prominent， especially in the area of justice， the judiciary staffreceived favoritism and bribery cases abound.According to statistics， in2012thenational courts hear criminal cases involving dereliction of duty4611， decisions wereeffective on4828people， compared with2011the number of cases rose2.7percent.In practice， the current handling criminal cases of dereliction of duty convictionand sentencing standards are not clear， the law applies to more contentious issues.Only reach a serious dereliction of duty， or cause significant losses， will constitute adereliction of duty accordingly; reach particularly serious crimes or losses are especiallyserious when can the perpetrator punished heavier penalty. Serious criminal law， thecircumstances are especially serious， significant losses， especially in situations suchas major losses，in addition to individual charges，the vast majority of offenses are notthrough judicial interpretation of the provisions workable standards. In addition，dereliction of duty is a more special kind of crime， in particular on the identificationand treatment different from other crimes complexity， there are differentviews.Currently subject to the investigation of crimes restrictions agencies andinvestigative techniques， has long malfeasance cases tend to be anti-corruptiondepartment prosecutors identified as bribes. As well as by the impact of the level ofcriminal legislation， China and other civil law countries， the problem did not make specific provisions crime number， so that judicial process in the investigation of suchcases the lack of clear and consistent guidance， so that the inevitable emergence ofcrime number controversy.December7，2012， the Supreme People’s Procuratoratepromulgated the "Supreme People’s Court，Supreme People’s Procuratorate on criminalcases of dereliction of duty applicable law Interpretation of Several Issues (a)" to definethe type of criminal malfeasance occurred competing with taking bribes the principle ofgraft take， but because of the sins of the corresponding number of criminal law theoryjust theoretical generalization of the phenomenon of crime， and therefore we need onthis issue have a more clear understanding.This departure from the three cases of bribery and malfeasance occurred competingreasons， taking bribes and dereliction of duty occurs when competing processing modeand bribery and favoritism based malfeasance occurs when competing for a specialpunishment discussed， and the next legislative proposals.