A Study On The Identification Of "smuggling Of Personal Gains" In The Crime Of Malfeasance

The crime of dereliction of duty,from the perspective of a crime classification of negligence,breach of privilege and Favoritism three kinds of crime,which is an important type of crime is the crime of corruption in China's criminal law.In the ninth chapter of the crime of dereliction of duty,the "favoritism"(words)in the direct provision of crime a total of 14 charges of dereliction of duty,accounting for China's criminal law provisions of the crime of dereliction of duty ratio.Nearly half of"favoritism" so frequently appear in the crime of dereliction of duty in the law,so that we in the theoretical research and the judicial application of the crime of dereliction of duty,must be correctly identified on it.Favoritism type crime of dereliction of duty,mainly refers to the affair,interests,state personnel violating the facts,law,and public and private interests suffered serious damage behavior in general.The basic crime,has the "favoritism","favoritism" such statements,violate the law is that the relevant personnel duty behavior of impartial and honest.Since the establishment of the crime,the cognizance of "favoritism" in our jurisprudence,the legal profession has been controversial,connotation,mainly concentrated in the range of positioning,favoritism,determination of crime subject of crime and punishment concurrence and other issues,these differences in cognition,and the relative lack of legislation of crime of dereliction of duty the results of theoretical studies,serious impact on the favoritism type crime of dereliction of duty investigation.This paper focuses on the crime of dereliction of duty in the "favoritism" that the in-depth research,exploration,connotation,scope of favoritism,positioning and extraterritorial legislation introduced and views,to identify the analysis of"favoritism" of the crime of dereliction crime and concurrence,especially on the malpractice of malfeasance the crime and the crime of bribery,crime of dereliction of duty and the number of concurrence between ordinary and special crime of dereliction of duty crime of dereliction of duty for their special elaboration,form a reasonable judgment.In the theoretical basis,combined with relevant cases in the judicial practice,from the viewpoint of explanation,the corresponding research on the thinking of "favoritism" type of dereliction of duty.Because of the limited space,this paper focuses on the three aspects of paragraph fourth of China's Criminal Law 399th carried out the localization of interpretation,believes that the provision of the qualitative asimplicated,pecial provisions,and applies to The concurrence of any form of bribery crime;defined levels of personal malfeasance and corruption,should be the crime of dereliction of duty and corruption preventive way of the concrete implementation of graft;on the favoritism type crime of dereliction of duty,to promote the prevention of crime of dereliction of duty and the deepening of the theory,implementation of punishment and prevention.