Research On The Doubt Of The Crime Of Dereliction Of Duty

Crime of dereliction of duty,as a dereliction of duty,not only infringes on the citizens' reasonable trust in the proper performance of their duties,and the personal and property losses they cause,but also jeopardize the normal operation of public property and state organs.As China's economy has entered the new normal,the clarion call for the comprehensive rule of law has been sounded.Now,the requirement for the duty of the state organs is increasing.If we are careless,we will be suspected of dereliction of duty.At present,there is still a lot of controversy about the crime of dereliction of duty,whether in the academic circles or in the judicial practice.This article will start from a typical case of dereliction of duty and discuss the current judicial practice disputes about the crime of dereliction of duty,and draw my own conclusion,in order to provide some help for the judicial practitioners.In this paper,through the analysis of the case sorted out the focus of controversy in this case: Whether Zhong can become a criminal subject of dereliction of duty and whether the subjective offense of dereliction of duty includes indirect intent,there is a c ausality in the criminal law between the dereliction of duty and the re crime of the Zhang.Through theoretical analysis and case analysis of the focus of controversy draws the conclusion: the determination of the subject of crime of dereliction of duty sho uld adopt the "duty" to be identified,dereliction of duty crime subjective crime should be regarded as only includes negligence of the subjective form,the causality of crime of dereliction of duty should adopt the objective imputation theory,to comprehensive evaluation by three level.