| Malfeasance of the civil servant brings significant loss to common property and to the interests of the people and the state. Among them, pecuniary loss is the most important and the most direct reference point. In 2012, the Supreme People’s Court and the Supreme People’s Procuratorate issued "Interpretation of some problems concerning the application of law in handling criminal cases of malfeasance". The interpretation of pecuniary loss and judicial identification of malfeasance was redefined. When calculate pecuniary loss including criminal cases filing relevant to malfeasance, it does not make a distinguish between direct pecuniary loss and indirect pecuniary loss. Therefore, the interpretation has an important role in promoting serious bureaucracy and in strictly cracking down on malfeasance crime. But it still has some problems such as various difficult sentencing restricts accurate blow to the crime of malfeasance. Based on analysis about some typical cases in judicial practice, this paper put forward some suggestion as registration should be expanded, loss redeemed before registration shouldn’t be deducted, loss restored after registration should be taken into consideration during sentencing, loss whereabouts shouldn’t affect the malfeasance measurement, and that judicial practice of malfeasance crime should be strengthened to provide a reference for the guidance of pecuniary loss. |
