On The Crime Of Dereliction

On the crime of dereliction causes great harm to society, negligent acts not only causes heavy losses to the state, public property and interests of the people, but also seriously tarnishes the image of public authority in the hearts of the people, resulting in an extremely bad social impact. Public safety is damaged due to government supervision and management frequently. Here comes to crime of misprision. This article introduces five aspects of crime of neglect of duty.The first section provides an overview of dereliction of duty, detailing the ancient Chinese legislation concerning dereliction of duty, and cites legislation of some Asian countries. This part also explains the serious social harmfulness of dereliction of duty. This part introduces object, objective, subject, subjective aspects.The second part discusses some theories. The scholars hold two theories about object: one theory is simple objects while the other is complex objects. The author agrees with the first theory and explains the reasons in this article. Secondly the author introduces the objective of dereliction of duty through three aspects, the form of performance, the results of performance and the causation. For example, the form of behavior is not distinguished by dynamic or static. Thirdly introduces two theories of subject. Fourthly describes the subjective form of dereliction of duty. The author holds the point that the subjective fault could not be deliberate.The third part describes the differences among the crime of neglect of duty, the mistakes when individuals are working.The fourth part distinguishes the dereliction of duty and other security incidents of crime. The author describes many differences about different crimes.The fifth part comes up with some proposals. For example, the provisions should reflect the protection of rights for people. Increasing criminal punishment in property and qualify. Expanding the subject of crime of dereliction.