Dereliction Of Duty Crime Research

The crime of dereliction is attached to the crime of malfeasance, which is a crime of special status. This article aims to give an analysis to the crime of dereliction through the following three cases: the case of the big fire incident of 12.25, the case of the abandon of a female tramp by police officer Li and the case of Judge Mo Zhaojun. By analyzing the different opinions of scholars on the subject, the subjective aspect and the objective aspect of the crime of dereliction, the author holds the opinion that the subject of the crime of dereliction should include state personnel; the subjective aspect of dereliction is simply negligent; the objective aspect of the crime of dereliction should make an essential difference with ordinary work error.This article at last figures out the shortage in legislation on the crime of dereliction, and proposes a suggestion that National People's Congress ought to improve the relevant regulations of the crime of dereliction, punishments increase qualification penalty and property punishment, on the legislative structure to distinguish the crime of the dereliction duty and abuse of power, and in the way of stripe effect on the charges to describe the characteristics of dereliction duty.