Research On Identification Of Subject Of Crime Of Dereliction Of Duty

With the economic reform, the country also proposed political reform, China’s social contradictions existing social belonging-prone period, people prone group events, a variety of social risk-prone, these to the development and stability of society brought new challenges and opportunities. Needs of social development, people’s heightened awareness of the legal system, institutional restructuring is to clarify the subject of judicial malfeasance identified, providing a realistic basis. In this paper interpretation of criminal law, legislative interpretation, judicial interpretation of laws and regulations as the basis, combined with the reality of our judicial demand for our existing malfeasance manifestations, finds the plot so scientific system analysis, how in reality judicial activities identified in the body of dereliction of duty, reducing the cost of judicial activities, improve the efficiency of judicial activities, and create a stable legal environment, to achieve justice "China Dream." Article discusses mainly through three parts:The first chapter is the identification of malfeasance theme between analysis and definition. This chapter focuses on the identification and definition of the difference between and contacts summarize existing theoretical research. First introduced the concept finds define concepts. Then, through its different contents, especially in the judicial practice different effects for general introduction. Combined with their understanding, to discriminate, to find out the different proposed study identified and importance.Chapter malfeasance Crime Analysis identified the body, mainly from the perspective of social justice practice for China. In practice, our experience on the dereliction of duty by the widely recognized body to strict interpretation of criminal law and in accordance with the current "two high" explains, to some extent, the body finds it were moderately relaxed. Malfeasance harm worse than the crime of corruption, especially in some of the major groups of emergencies. Comparison of foreign body finds malfeasance, combined with our existing legal environment, civil law cognition, starting with the theoretical analysis, and gradually put forward now prominent problems. Through the analysis of the existing problems, propose innovative for the next chapter to lay a good theoretical basis.Chapter III combines existing judicial practice identified issues, practical considerations, proposed innovations, from the scope and judicial practice identified two angles. Identified scope for moderate expansion in practice, in line with the existing penal execution environment, combined with the interpretation of criminal law and judicial interpretation, from a practical point of view to analyze the judicial practice. In judicial practice identified in a variety of legal requirements facing blend of reality and must be appropriate to choose, which requires law enforcement officers in the actual implementation, combined with the actual case itself innovative, not blindly enforce laws based on reality.The main point is:During the study period of political reform, to learn lessons from the theory, hard in practice to enhance the handling capacity to adapt to the new era of judicial practice needs. Under the new situation, political reform, the judicial system are carried out simultaneously, the actual forms of law enforcement are constantly innovation, which requires the judicial process of the actual performance of malfeasance. For the new Criminal Law Amendment of the new regulations, it is the norm for this new situation, emphasizing the rational optimization judicial resources to solve in the legislative process relatively template rules. Hope that through this discussion, it is possible malfeasance on the Crime make their personal opinions, provide theoretical support.