Serious Loss Of Crime Of Dereliction

The crime of dereliction is a typical malfeasance crime whose harmful result namely serious loss is the key factor which the understanding and identification of that has been controversial both academically and judicially.The research's aim is to guide the judicial practice through analyzing the intension and identification of serious loss in crime of dereliction.The first part is the introduction of crime of dereliction.The conception is interpreted literately and historically within the comparative legislation in various countries.In addition,the constitution theory of the crime of dereliction is analyzed by traditional "Four-Element Regime" which contains subject,subjective aspect,object and objective aspect,meanwhile,the constitution theory is briefly resolved by Professor Zhang Mingkai's "Two-Tier Doctrine".The second part states the intension of serious loss in the crime of dereliction.Serious loss is interpreted from four points those are definition,characteristics,classification,status and effects.Serious loss is surely the harmful result of the crime of dereliction;the four characteristics of serious loss are causal relationship with action,actual result,various behaviors and element to constitution of the crime;material loss and immaterial loss make the serious loss system by this research;it is clarified that the status and effects of serious loss in the crime of dereliction.The third part describes the basic ideas and methods of the identification of serious loss.The basic ideas is to identify closely one is under his official duty which affects the citizens have faith in the legal,objective,just,effective actions practiced by public office of the nation reaches a certain level.The methods of identification is confirm standard,time period,extend of the action which is in controversy academically and judicially.The key point of the research is to explain serious loss as the harmful result of the crime of dereliction in detail.Additionally,the research concludes six faults and arguments of the identification of serious loss.The fourth part indicates related content of material loss.Material loss contains personal injury and financial loss especially seven problems including personal injury of missing person,occupational disease,the transfer of damage,interest loss in financially loss,obligation loss,multiple cumulative loss,and redeem the loss,meanwhile,the research analyses when the injury person is none-specified majority and the obvious loss could not match the action that influences the special identification of the material loss.The last but not the least part examples the identification of immaterial loss.It is analyzed five expressions of immaterial loss which are damaging the nation's reputation,reducing the credibility of the court party and the government,leading the social management into disorder,disturbing the market economic order and damaging the public legal interests,meanwhile,the research clarified the extend of immaterial loss.