Research On The Problem Of "Bad Social Influence" In Consequences Of Dereliction Of Duty Crime

The crime of dereliction of duty not only undermines the image of the party and the government,but also is an important incentive for corruption,bribery and economic crimes.In recent years,the central government attaches great importance to anti-corruption work,issued a series of important laws and regulations,increase efforts to crack down on crimes of dereliction of duty,and always maintain a high pressure anti-corruption."Bad social influence" is an important sentencing standard in the crime of dereliction of duty.Dereliction of duty caused by the consequences of non-material damage is usually applicable to the standards of conviction and sentencing.Through the analysis of related cases can be found,due to the specific standards of the current "no judicial interpretation of the adverse social impact,leading to" practice "in the case of chaos with the adverse social impact of crime,it is necessary to establish a unified standard practice to solve.As one of the criteria of conviction and sentencing of general malfeasance,"Bad social influence" mainly refers to the consequence of the non physical damage caused by the malfeasance,which has the characteristics of abstractness and diversity.Through the relevant investigation data can be found in the judicial practice to the adverse social impact of conviction in the case of the crime of dereliction of duty all the proportion of small,and the breach of privilege of crime and dereliction of duty and other general charges."The results cover the bad social impact" is widespread,the judicial organs usually using standard material damage and the adverse social impact of "mixed standard practices to regulate conviction related to" dereliction of duty dereliction behavior of the adverse social impact of crime penalty to exempt from punishment or probation.There are two extremes in judicial application of "bad social influence": "dare not to use" and "apply chaos".The scope of its wanton expansion,too much emphasis on the role of media in the role of other factors,light punishment is the main problem of its existence.According to "the adverse social impact of" judicial application of improper reasons,the author I believe that the judiciary can improve the judicial application of the “bad social influence” through the definition of "adverse social impact",establish the reasonable connotation of "adverse social impact" of the basic principles,the establishment of "the adverse social impact of the scientific method,to clarify the judicial cognizance of" adverse social impact "and other standards of conviction relationship and so on.