Judging And Restrictions Of The Crime Of Dereliction Of Duty Of Administrator Of Organization At Basic Rural Level

The subject of dereliction is stated as "a member of the state agency" in current Chinese "Criminal Law".In current judical practice,not only are the civil servants engaged in official duties,but also there are a large number of people who are not the personnel of state organs,but exercise state power and fulfill the functions of the state's public administration.Some of them are non-state organ personnel engaged in public affairs in state organs,and some of them are staff members who are authorized to exercise state administrative powers,and some of them are staff members entrusted to exercise state power.These people abuse their powers,neglect their duties,or commit illegalities for personal gains.Failing to execution of duty would will be similar to the dereliction of duty of the staff of the state organs,which will result in damage to the interests of the country or the people.In order to ensure that the public power is exercised correctly and the purpose of the penalty is realized,the legislative interpretation and judicial interpretation of the criminal law extends the subject of dereliction of duty to all of the people who are engaged in official duties.The subject of dereliction of duty recognizes that the expansion of the subject of dereliction of duty on the basis of "duty theory" meets the needs of judicial practice and is reasonable.According to the expanded crime of dereliction of duty,administrators of organization at basic rural level should be regarded as engaged in public officials when they assist the government in administrative management.In this situation,administrators of organization at basic rural level should be classified as the subject of dereliction of duty.Administrators of organization at basic rural level have dual-identity attributes.It might be hard to distinguish between "official business" and "village affairs" in judicial practice because there is not a detailed stipulation on official activities.Due to various of subjective and objective reasons,judging for the crime of dereliction of duty of administrators of organization at basic rural level is presenting a tendency of expansion.Therefore,problems such as the judging standards of official conduct and the identification of the village affairs as official duties have arisen.Judging from the requirement of crime punishment legal principle,the principle of crime responsibility and punishment,and the principle of administration by law,the judging for the crime of dereliction of duty of administrators of organization at basic rural level should be reasonably limited,and the judging for dministrators' official conduct of organization at basic rural level should be more cautious in order to protect the administrators' legitimate rights and interests of organization at basic rural level.Therefore,this article puts forward the limitation criteria for the judging of the crime of dereliction of duty of dministrators of organization at basic rural leve: strictly judge whether the conduct of “consignment”about public affairs is legal,strictly distinguish whether the assistance activities are official or non-official activities such as village affairs and labor services.According to the role of assistive behavior in official activities,the duties,responsibilities and penalties should be adapted,and give consideration to both qualifications and official activities in order to improve the standard of official conduct judging.By the legal entrustment and strict justice,to give consideration to both cracking down on crime of dereliction of duty of administrators of organization at basic rural level and protecting the administrators of organization at basic rural level from performing their duties normally.Not only should we fight crime but also protect human rights.