Research On The Subject Identification Of Dereliction Of Duty

Security responsibility accidents occur repeatedly, to constantly refresh the psychological endurance limit of the public, also have scorched the credibility of the management of public affairs, liability accidents are increasingly causing more attention. The 397th article of The 1997 Criminal Law defines the staff of state organs as the main body of the dereliction of duty, but current criminal law did not give an explanation of what is the staff of state organs, the definition of the staff of state organs from the judicial interpretation is the same as The 397th article of The 1997 Criminal Law, which is "the people engaged in public affairs in the state organs". As the China's political system and institutions are reforming, and the government functions are being adjusted, there large numbers of public services engaged in official business enterprises and people's organizations, while expanding the scope of the main body of the dereliction of duty in 2002, but due to the complex situation injudicial practices, there are differences understanding between the judicial staffs, and a lot of controversy of dereliction of duty subject injudicial practice, making it difficult to grasp the subject scope of the crime of duty. Clearing the scope of the subject of crime is the first task when investigating cases of dereliction of duty, it is of great significance for accurate conviction and sentencing.This paper combs the evolution of the legislation of the crime of dereliction of duty, combined with the judicial practice to cognizance standard of dereliction of duty, this is to say that the main body of the crime of dereliction of duty should be "official theory", the actor must have the duty to engage in public affairs and the qualification to engage in public affairs, the crime of dereliction of duty required "in public" are the duties of supervision and administration of the business, different from other kinds of crime of dereliction of duty required "engaged in official business". At the same time, the paper discusses the main body of the crime of dereliction of duty by combining the case of the staff of state organs and the personnel of the state staff. The author holds that the identification of the main body of the crime of dereliction of duty is not to see the identity of the perpetrator, but to see the nature of its business and the source of its official business.