Research On The Identification Of Economic Losses In Dereliction Of Duty

The dereliction of duty crime is stipulated in Chinese criminal law,causing the public property,the national interest and the people's benefit suffers the heavy loss is one of the essential elements of dereliction of duty crime's establishment.And in the judicial interpretation,causing significant economic losses is one clear type of the heavy loss.With the prosperity of socio-economic and continuous development of market economy,more and more dereliction of duty crime is caused by economic losses.Also,from the rule of dealing with dereliction of duty crime cases,people usually start the investigation and the activities of criminal proceedings only when they find the economic losses.People find the economic losses at first and then exam the possible reasons that cause these losses.People would match the activities of dereliction of duty crime with the relevant economic losses from the aspect of causation in criminal law.The match helps to confirm the activities and persons that are responsible for the losses and assign the fine to the responsible persons.Finally,people can clarify whether these persons should be responsible for the criminal responsibility and take what kinds of responsibility.Therefore,the key point of dealing with criminals on dereliction of duty crime is how to clarify the economic losses that caused by the dereliction of duty crime.The clarification of economic losses on dereliction of duty crime should follow the steps of clarifying the economic losses,searching for reasons of economic losses and confirming who is criminally responsible.The clarification depends on rules that can clarify the definition and range of economic losses.And searching for reasons of economic losses and confirming who is criminally responsible depend on theoretical guidance on scientific and rational criminal law.However,in Chinese relevant laws,the definition and range of economic losses are lack of clear clarification.Even though the relevant judicial interpretation provides with simple definitions and lists some detailed performance,the problems of incompleteness and indeterminate still cannot offer reliable guidance on complicate economic losses.Furthermore,in reality,people usually simply rely on the traditional causality theory and tend to exaggerate the quantity of economic losses and the responsibilities for dereliction of duty crime for the purpose of punishment.In the end,the economic losses are more likely to be not clearly clarified and more serve punishment on the responsibilities for the economic losses,leading to the crisis on unfair judicial and disordered justice.Therefore,starting at confirming the definitions,implications and clarification of economic losses,the paper analyzes the disadvantages of Chinese laws and judicial explanations that are about current guidance on economic losses.The paper also focuses on the disadvantages that the practices depend too much on the traditional causality theory.Through well-informed judging on facts from judging on values,clarifying economic losses and clearly treating responsibilities for the losses,the paper proposes to correctly clarify the economic losses from the rule level and apply the objective responsibility theory.The purpose is to provide with the reference for the clarification of economic losses and for dealing with the cases of dereliction of duty.