Analysis On Several Problems Of Dereliction Crime

Dereliction Crime is a kind of malfeasance, which is quite a serious social harm. Throughout ancient times to the relevant provisions of the crime of dereliction type of crime that officials and other countries in the world, will be dereliction of duty class object as an important discipline. The draft guiding principles of criminal law in 1954 the Central People’s Government in the drafting of the legal committee was subject to a dereliction of duty. The draft penal code as a basis for all subsequent modifications and continuous improvement. 1979 Criminal Code only provides one kind of dereliction of duty dereliction of duty which, along with economic development, in order to punish the abuse of state personnel category of crime, dereliction of duty also applies to the type of crime of abuse of power. When the 1997 amendments to the Penal Code, the provisions of the crime of abuse, and dereliction of duty division, so that the provisions of dereliction of duty should be restored to its original appearance. In 2012 the Supreme People’s Procuratorate issued a class for malfeasance Crime of interpretation that specifically identified judicial practice of evidence-based for dereliction of duty. For dereliction of duty in the study will help the judiciary to properly punished criminal negligence class to ensure the orderly management of the activities of state organs were normal. This paper is divided into three parts:In the first part, it discussed the subjective aspect of dereliction crime. Our criminal law does not specify otherwise subjective aspects of dereliction of duty is intentional or negligent, so theorists for negligent dereliction of duty subjective aspect is no objection, but for dereliction of duty in the subjective aspect can be deliberately controversial. Based on the true legislative intent of dereliction of duty, the difference between the legislative history, the basic principles of criminal law and the crime of dereliction of duty and abuse of these aspects were analyzed and discussed that the subjective aspect can only be negligent dereliction of duty.In the second part, dereliction of duty on the objective behavior were discussed. In this section, this paper discusses the content for negligence and malpractice in the understanding that the contents of dereliction of duty is the responsibility of the staff of state organs, mainly divided into limiting the generality of the duties and responsibilities; negligent conduct does not include failure to perform duties of correct behavior, that is beyond the powers of abuses and behavior. Secondly, through the malpractice of a detailed analysis of the Criminal Law and the relevant provisions for dereliction of duty discusses changes that negligent conduct constituted only by omission.In the third part, "Significant losses" dereliction of duty will be discussed. For the identification of dereliction of duty, and must take place resulting in significant loss of specific harm to the interests of the public property, the state and the people, is guilty of a real harm. In this paper, some of the major studies two aspects: for heavy losses recognized standards and identify the range of issues, including material loss and non-material damage and direct losses and indirect losses; computational problems for major losses, significant losses computation time for the impact of crime and the establishment of a significant loss of a specific amount of calculation.