Research On The Legislative Perfection Of The Crime Of Duty Neglect

Modern countries more and more attention to dereliction of duty,dereliction of duty as an important crime of dereliction of duty,often causing harm to society is great,especially in recent years,dereliction of duty and presents many new situations,the number of crimes is increasing year by year major cases involved in the sector more widely,Shanghai 11 · 15 apartment building fire in Shenyang Wanda Plaza fire,Shenzhen,Dalian,many subway collapse of the mine accident and quite fat,of which perspective related to public The staff of regulatory oversight,causing huge losses to the country and the people.In accordance with the provisions of the current criminal law,this crime is some defect in the legislation is not conducive to the operation of the judicial practice.In addition to the introduction,the full text is divided into three parts.First,the existing legislation,to investigate this crime legislation omissions;extraterritorial legislation introduced to some reference;Finally,some specific legislative proposals.The first part,first of all start from the legislative status quo of China’s dereliction of duty,of the crime in the legislation have a macro understanding of dereliction of duty in the history of our country in the development process,each stage of the provisions and amendments,clear of the crime in our country in an important position in the job-related crimes;Second,the legislation provides for dereliction of duty,structural defects,respectively,constitute the elements missing and the lack of legal punishment configuration on the three levels of description and analysis,combined with the view of some scholars to attempt to identify this crime legislation,highlighting the problem.In structure to explore the order of sub-rule system,settings and other issues of special provisions;from both subjective and objective aspects of the legislative provisions is unknown,easy to produce differences in the Elements;legal punishment configuration of such The types of penalties and penalty range,vague legislative provisions for this crime caused by doctrinal disputes and judicial confusion is worth our study and attention.After making clear the legislative defect of crime,through the crime,dereliction of duty in some countries of the extra-territorial legislation,the provisions of this crime in China to make a comparison,hoping to be discovered and Reference,extraterritorial legislation in some countries of this crime of thought,legislative mode and there are differences in China,Europe and the U.S.does not provide a clear dereliction of duty crime,but to deliberately type of job-related crimes,the target of most countries to punish such or similar kind of crime,many countries have their civil servants to fulfill or not conscientiously perform acts such as crime and severely punished object.Divided into representatives of the socialist countries,Asian countries and the United States and Europe,three groups of countries in the investigation and draw on the extraterritorial legislation to be introduced,this is because the national legislation of the former socialist countries and the present socialist mostly followed the legislation of the former Soviet Union,a high degree of similarity with our legislation is very similar,so alone as part of the Discussion.In addition,geographical,and cultural factors influence the factors of national legislation,thus,be introduced in Asia and Europe and North America to select a representative national.The paper tries to different foreign legislation,find can draw part of our legislation,to trim and perfect this crime.After the above described,clear defects in the legislation of the crime,as well as with the comparison and analysis of extra-territorial legislation related to the kind of crime provisions,respectively,for the defects of the crime,targeted a number of specific legislative proposals.In the narrative,is still the first part of the style,try to be exhaustive and clear.Such as in the legislative structure,the proposed adjustment,sub-order,job-related crimes sufficiently in advance,highlighting its important position.Recommend the separate legislation,to ensure a crime of a legislative model of the crime of abuse of power and dereliction of duty.Recommend that the Coordinating special terms and general terms of overall optimization;on the Elements,the content of the various elements of the main scope of sin in the form,objective behavior,endangering the results of the elements enriched and improved,making this the Crime clear,to reduce the theoretical and practice of dispute;part of the legal punishment,into its criminal optimization and the optimization of the punishment range,proposed to increase the magnitude of the punishment to sentences,making the crime and to adapt to,coordination and other related charges.Optimize the types of penalties for this crime,to get rid of one of the evils,to be applied to rich criminal kinds of different situations,and penalties for the desired effect is reached,and ultimately improve the legislative provisions of this crime and the dressing is recommended.