Study Of Dereliction Of Duty

Dereliction of duty as a kind of malfeasance,has been in the construction of the government tightly grasp the key point.Since the founding of new China,vigorously promotes the anti-corruption work successive leaders.Especially since the 18 th to Xi Jinping as the core of the CPC central committee general secretary,repeatedly stressed: "against corruption and building clean politics,maintain the party's body health,has always been our party always adheres to the bright political stance." With the increase of propaganda and punish corruption strength of anti-corruption and building a clean government,a large number of officials have a significant proportion of those are due to dereliction of duty behavior.And in society in recent years many bad effect of big responsibility accident happened,behind it also there are some serious dereliction of duty behavior,and bad social influence.In this paper,based on the background of anti-corruption,take this opportunity to further study of dereliction of duty behavior,in order to breakthrough in legislative and judicial aspects,perfecting the regulation of our country for dereliction of duty.This article discusses from four aspects: the first part of dereliction of duty,mainly set the concept of dereliction of duty and its legislation evolution.The second part is the focus of this article,mainly discusses the constitutive requirements of dereliction of duty and its judicial cognizance.Mainly is the objective aspect,the existing fails to perform or not perform their duties right whether can perfect interpretation of dereliction of duty behavior,standard of harmful consequences "significant loss";And dereliction of duty crime subjective aspect,pure "negligence" can not meet the needs of judicial practice now,still can be used as indirect intent made form of dereliction of duty,in the judicial practice.The third part tells about the crime of dereliction of duty and the and his distinction,with a focus on the crime of dereliction of duty and abuse of power made a careful distinction;The fourth part points out the legislative defects of dereliction of duty,on the basis of legislativeSuggestions and countermeasures.