Study On Subject Of Crime Of Malfeasance Issues

Dereliction of duty as state personnel improper performance of duties in the form of crime, have serious than people think harmful to society. At the same time, it corruption, bribery and other ordinary criminal intertwined, showed multiple-prone situation, has become a serious form of corruption and crime, not only hinder the economic and social development, undermine social equity and justice, but also seriously damage the party and theGovernments ability to govern, the ruling party easily lead to legality.legitimacy crisis. Preventing and combating crime of dereliction of duty must not betaken lightly. Therefore, the complete study of the legislative malfeasance, dereliction of duty to further curb the upward trend, maintaining the normal functioning of state organs and has a very good image of the important practical and far-reaching significance.In the legislation of Duty Crime, Chinese Government adopts the" Identity Standard" and the Village officials in China have two identities:one is the staff of Villager Autonomous Organization and another is administrative staff helping the ocal government. As a result. there ale lots of controversies in the fields of law application for their duty crime. The author suggests that "Public Affair Standard" should be adopted, which means the crime definition of the Village Officials duty crime should be in accordance of the nature of their work. A deeper meaning of Public Affair Standard" is that it provides the range of public properties. As a very special kind of duty crime, the malfeasance crime in the current Criminal Law of China has some flaws. One example is that a major malfeasance of Village Officials can not be governed by it. However,according to the logic of Public Affair Standard, if Village Officials conduct malfeasance crime, they should be taken as the subjects in the ideal level. To make the Criminal Law more applicable, some modifications are suggested to be done.And on the nonfeasance Criminal Law of China stipulates that there are many immature and unreasonable, reflected in the judicial practice, the provisions of the Criminal Law to scientific guidance of dereliction of duty crime in judicial practice, thus making of dereliction of duty to punish very passive. In recent years, malfeasance and a growing trend. Therefore, this set of dereliction of duty subject of studies on the premise of basic theory of crime of malfeasance bodies, will focus of research on contentious issues and problems, of dereliction of duty and improving suggestions to lack of legal provisions. To Sum up, this article consists of three parts.The first part provides mainly introduces the concept and essential characteristics of subject of crime of malfeasance. Combined with China’s national conditions and judicial practice, then sum up the development trend of the subject of the crime of dereliction of duty in our country legislation.at last of the part, analyzing of the advantages and disadvantages of it.The second part is on the subject of crime of malfeasance in legislation and what of legislative interpretation required improvement, then I will discusses the necessity of perfecting the legislation and puts forward own advice.Third minutes is about the difficulties of classifying the members at the rural grass-roots level organizations as the subject of malfeasance crime.