Study On The Heavy Loss Of Crime Of Malfeasance

The malfeasance and corruption, which are along with emergence of the state power, are the crime of corruption. The unified agreement on heavy loss in the field of the definition of material loss and intangible loss, the determination of the significance, and the choice of causative potency leads to the disconnection between theory and juridical practice, and even to an embarrassing situation, so the correct identification of heavy loss in malfeasance crime helps the perfection of academic research and legislative experience, and solve difficult problems in juridical practice which both make good sense. There are plenty subjects of worthy being study in heavy loss of malfeasance crime, because of space constraints, this article focuses on the definition significance, causative potency, the calculation of the period and etc of heavy loss, and figure out a helpful idea and method of determination by the summarize of heavy loss of malfeasance crime. This article consists of four parts: The first part which is the focus of this article, mainly define the casualty loss and economic loss in material losses of the “heavy loss”, the “bad social effect” in intangible loss of and put forward some ideas of definition in order to guide the judicial practice; The second part presents that taking “heave loss” as the consequences of the malfeasance complies with the basic theory of the criminal law of our country based on analysis of various theories of significance of “heavy loss” in malfeasance crime. Based on study of the existing system of our country, the third part presents that it is supposed to quote the negligence of supervision theory and epidemiology theory along with “conditioning theory”to solve choice of causative potency in “heavy loss”. The fourth part focuses on the determination of subjects related with starting time and prosecution period of “heavy loss”, and put forward the starting time should adapt the filing time of malfeasance and related crime, the date of occurrence of the harmful results of “heavy loss” should be interpreted as the date of the establishment of the crime.