Investigation On The Delimitation Of Non Material Loss In The Crime Of Legal Malpractice

Dereliction of duty crime is a common crime in our country, not only can cause economic loss and life injury, it can also cause serious political influence, social influence, social instability, serious damage to the normal order, serious violations of civil rights and other damage.The former is tangible and tangible damage results, we call it "material loss"; the latter is invisible, it is difficult to measure the damage results, we call it "non material loss".Because of the definition of non material loss, there are lots of disputes in the practical operation, which brings lots of difficulties to the investigation of the crime of dereliction of duty, and has been one of the most concerned topics in the judicial theory and practice.From more than 1300 cases, the proportion of non material loss is much lower than that of material loss, and often attached to the existence of material loss, few sentences dare to separate the material damage to the non material loss of this damage, and even if in the sentence, punishment is also much lighter than the material loss of dereliction of duty. In addition, the types of non material loss is much more than the material loss, but in the judicial practice, the procuratorate and the court is often limited to the identification of non material loss in a few areas, failed to further break.On the surface, it is due to the lack of legislation and evaluation system, and difficult to collect evidences and other issues have hindered the effective identification of non material loss, but the deep level, mainly due to the characteristics of non material loss itself.Although the empirical study on the non material loss definition is still relatively scarce, it leads to the lack of operability. However, if the result of non material loss is as serious as the material loss, and the cause of non material loss is the responsibility of the crime of dereliction of duty, the division of the law should try to quantify the non material loss, and promote the establishment of quantitative evaluation criteria.The key to the definition of non material loss lies on strengthening the legislative or judicial interpretation work and other issues as the main means, in particular, to pay attention to refining evaluation criteria, strengthen case guidance, evidence and loss calculation and other related work, in order to further effectively combat the crime of dereliction of duty.