On The Determination Of Economic Losses In Malfeasance

Crime is illegal and is responsible for the behavior of malfeasance crime is a national office working personnel by taking advantage of his office or practice favoritism,abusing authority,dereliction of duty,to the detriment of the state organs official legal,fair and effective implementation,damage the national authority official to the country's objective,fair and effective execution of the trust,the behavior of the country and people interest to suffer great losses.Malpractice crime is the result.Results with one who not only have the criminal facts,but also need to the harm of legal consequences.Malfeasance crime with demands to public property,country and people interest to suffer heavy losses for the component elements of a crime.Economic loss is one of the harmful effects of malfeasance crime,the cognizance of the amount is sin the boundaries of misdemeanor heavy and even crime and a sin,for the nature of the economic losses and the amount that there are different points of view.The supreme people's procuratorate and the supreme people's court issued the judicial interpretation of economic losses will be defined as "case" has caused economic losses,it is equivalent to criminal behavior and the harm result of litigation link time node to evaluate whether the behavior of the prior to constitute a crime,violation of principle of equality before the law and principle of a legally prescribed punishment,it is not in the language logic of criminal law,also do not conform to the basic principle of criminal law crime constitution.Economic loss is the essential characteristic of all or part of the loss of property rights.Misconduct is concluded that the premise of economic loss,economic loss is the basic characteristic of property rights by the substance abuse,economic losses and malfeasance causality in criminal law.For economic losses that should take the property of the standard,type of intentional crime of malfeasance crime should be punished attempted crime.