On Several Problems Of Dereliction Crime

When the criminal code of China was revised in 1997,the crime of dereliction of duty was stipulated as a separate crime.With the deepening of reform and opening up,the serious harm of dereliction of duty in the economy and social development of our country was becoming more and more apparent.It not only brought a great misunderstanding to the public's understanding of public power,but also greatly affected the normal business activities of law enforcement departments.At the same time,it caused great damage to public interests and property.Dereliction of duty seriously harmed the modernization process of our country.The loss caused by dereliction of duty is an objective fact.This objective fact shows in the following aspects:great repercussion,bad influence,much discussion,difficult to cover up,and generally difficult to smooth over and redeem.This article consists of four parts,about 25000 words.The first part outlines the elements of the crime of dereliction of duty.In the process of the development of the law in China,the dereliction of duty has existed for a long time.When the criminal law was amended in 1997,the legislature fully considered the need of judicial practice,summarized the previous legislative provisions on dereliction of duty,and made a greater revision and improvement to the provisions of dereliction of duty.In addition to the staff of the state organs,the subject of the crime of dereliction of duty should also include other personnel engaged in public affairs.The object of the crime of dereliction of duty is complex,not only contains the daily activities of the state organs,and the fairness and diligence of the official duties,it should also include the interests of the nation and people;the objective aspect of the crime of dereliction of duty should be"do not properly perform their duties or completely fail to perform their duties."The second part discusses the legislative reality of the crime of dereliction of duty and the important problems that appear in the judicial practice.The present criminal law of our country is unscientific on the constitution and the measurement of penalty of dereliction of duty,and there is a phenomenon that is extremely disproportionate to the punishment and the consequences of the crime.The maximum penalty for the crime of dereliction of duty is ten years of imprisonment,the sentencing is light.The legal thought and traditional legal concept of our country are the important reasons for this phenomenon.The third part discusses the effect of performance anti-corruption on judicial practice of dereliction of duty.The evaluation mechanism of anti-corruption performance in China is reasonable and there are many problems.One of the important points is the deviation from the performance appraisal mechanism of anti-corruption and the modesty of the rule of law in criminal law,which has caused the undue substantive and procedural problems in the practice of anti-corruption.Some investigation organs want to make up numbers,which easily causes some lesser criminal suspects are heavily sentenced;Or as a result of the investigation organ focusing only on the number of investigators,enough on litigation,some heavier crime suspects are convicted leniently,some major crimes have not been prosecuted,which causes some public discontent.The fourth part discusses the legislative perfection of the crime of dereliction of duty and the trend of the revision of the law.In the criminal code of China,the provisions of the crime of dereliction of duty are not so conducive to the containment of this kind of criminal act,because the stipulation of the penalty is too light.We should improve relevant laws and regulations to protect citizens' legal rights;and we should expand the crime subject of dereliction of duty:In addition to the staff of the state organs,we should classify state owned units with national monopoly nature and some state units exercising certain public management function,as well as NPC deputies and CPPCC members as the state organs.At the same time,we should combine the judicial practice to further clarify the standard and punishment of the crime of dereliction of duty,and increase the penalty and punishment of qualification and property.And we should formulate relatively fine legal punishments,reduce the discretion of the judges,and strengthen the legislation of the prevention.