Research On The Judicial Determination Of The Adverse Social Influence Caused By Malfeasance

Although dereliction of duty crimes is special in terms of its subjects,such crimes not only damage the fundamental interests of the country and the people,but also undermine the credibility and execution of the government,and obstruct the clear political ecology.forming.The“causing bad social influence” is one of the criteria for the conviction and sentencing of dereliction crimes in judicial interpretation.As a corresponding supplement to the results of material hazards,it gives judicial personnel discretionary space.However,the current judicial interpretation does not make specific determination on it,resulting in the arbitrary and chaotic judicial determination in practice.This does not reflect the original intention of the legislator and does not meet the goals and requirements of the construction of the rule of law in the new era.After analysis,the judicial identification of “causing bad social influence” mainly has the following four problems: First,the scope of the determination of “causing bad social influence” is too large.This is mainly due to the fact that the concept of judicial interpretation is rather vague and difficult to grasp,so that the judicial authorities have generalized this standard in practice.Second,there is a big difference in the scale of recognition.Courts at all levels and regions have differences in the understanding of this standard of recognition.Suchdifferences will in turn be reflected in specific convictions and sentencing,and often lead to the phenomenon of “different judgments in the same case”.Third,it is found that there is an unreasonable habit in the subject and the sentencing penalty is severe.In the process of determining "causing bad social influence," some unreasonable judicial inertias will prompt the judiciary to tend to apply lighter or not to impose penalties.Fourth,we attach too much importance to external factors.The subject is determined to be vulnerable to social factors or other subject interventions in the process of handling the case,which leads to unfair justice.For the above reasons,the following improvements are proposed in this paper: First,the scope of “causing bad social influences” is reasonably defined,and the boundaries of “causing bad social influence”described in judicial interpretation are analyzed in depth to avoid other non-material The loss is confused.The second is to clarify the principle and criteria for identifying “causing bad social influence”.And quantify some of the content,so that you can rely on.The third is to use of scientific judicial methods.The completion of the work is assisted by case posting and the introduction of third-party surveys and evaluations.Fourth,Improve the supervision mechanism in judicial determination.Under the premise of ensuring the independence and impartiality of justice,a variety of supervision methods are used tocontain the bad behaviors of judicial identification work.