An Study On The Judicial Identification And Criminal Pattern Of The Crime Of Malfeasance

Crime of Malfeasance is not only the direct damage to the vital interests of the people,damage the image of the CCP and government and authority,the important inducement is also a variety of corruption and bribery crime,economic crime,has brought great harm to the country,people and society.In recent years,the crime of malfeasance field,appeared more and more difficult problems of the crime of malfeasance accomplices patterns,such as the status crime,the collective decided to implement the malfeasance crime,the crime of malfeasance and the crime of corruption and bribery charges affect each other,and the causal relationship between the crime of malfeasance and complex ascertainment etc..And because of the crime of malfeasance and the lack of detailed research itself,and pattern for joint crimes,pattern for quantity of crime and the complexity of the theory and practice of the causal relationship between itself and the diversity of this kind of problem,research on such issues is very limited,the criminal law has not made clear Provisions on the crime of malfeasance,resulting in the situation of judicial practice has emerged in the applicable law of chaos situation,the author from the theory and practice point of view,think that the urgent need for research and for such issues.The dissertation is set into four parts.The first part starts from the development and evolution of the crime of malfeasance,the constitution of a crime and crime patterns,to investigate the crime of malfeasance crime judicial identification of the basic problems,understand the crime of malfeasance and the form of crime in judicial identification of the basic situation,and pattern for joint crimes,pattern for quantity of crime and pattern for causality.The second part of the detailed analysis of difficult problems of joint crimes of crime of malfeasance,through three case leads to the basic processing mode of the current judicial practice to deal with the status crime of the joint crime in the crime of malfeasance,and launches the analysis from the theory,whether a person without the status can form pure status crime,and how to become an accomplice.Then I will discuss a person without the status whether can become the abettor,help offender and the organizing offender and joint perpetrator of the crime of malfeasance or not.After that I can evaluate the three processing modes in practice.In addition to the collective research approach to the implementation of the crime of malfeasance of such complicity problem appearing in recent years identified analysis and responsibility.The third part of the detailed analysis of the difficult problems of pattern for quantity of crime of the crime of malfeasance,analysis of the crime of malfeasance of offenses,implicated the basic theory and principle of punishment,the author collected through some practice in the case to analysis and interpretation,in the crime of malfeasance of implicated offense is focused on analyzing the practice of many hair the perpetrator,the crime of malfeasance and bribery crime,crime of corruption involved respectively when processing mode.In addition,in the joint crime of implicated offense in-depth study,combined with the above three cases and another two cases from the two newly issued judicial interpretation of the crime of malfeasance,should pay attention to put forward the treatment principle and treatment of joint crime of malfeasance identification of crime and other crimes and implicated the problem.The fourth part of the detailed analysis of pattern for causality of the crime of malfeasance,starting from the theory of criminal law and specific cases,on the current type,complex causality of the legal malpractice forms,finds ways to elaborate,and discusses conditioning theory and the theory of the objective imputation and supervisory negligence theory in the identification of causal relationship of the legal malpractice in the role,finally the specific problem of identification of the causal relationship of the legal malpractice in judicial practice are discussed with specific cases.