A Study On The Elements Of Serious Irresponsibility" In The C Rime Of Dereliction Of Duty

The term "serious irresponsibility" has appeared many times in the chapters of dereliction of duty and has been widely used in the judiciary as a direct criterion for the determination of related charges.However,this term also has a strong colloquial color.Although it can cover a large part of malfeasance crimes,it also brings the problem of vague content.There are many problems in legislation and judicature,so we need to explain its meaning reasonably.This paper mainly focuses on three points of view.The first is to clarify that the constitutive status of the element of "serious irresponsibility" is an objective element.The second is to consider that "serious irresponsibility" is the basis for judging the subjective guilt of this type of crime.The third is to determine that "serious irresponsibility" is the cause of harmful consequences.In the first part,starting from the articles,it is concluded that only the objective elements conform to the structure of the articles,and the nature and manifestation of"serious irresponsible" behavior are expanded,and the main manifestations of behavior are summarized.In the second part,it is recognized that "serious irresponsibility" is the basis for judging subjective guilt.Then,from the perspective of maintaining the legislative intent and restricting the abuse of such crimes,it is clear that the subjective guilt of "serious irresponsibility" type of crime can only be negligence.In the third part,it expounds that the relationship between "serious irresponsibility" and harmful consequences is the relationship between causes and consequences,and cites the revised conditional theory to prove the reasons for the establishment of causality,while explaining the conditions for the establishment of supervisory negligence.Then the "serious",degree of "serious irresponsibility" is discussed,which is mainly divided into two aspects:harmful behavior and subjective guilt.The degree of harmfulness of behavior is related to the degree of duty accomplishment,while the subjective fault only needs to satisfy the fault,but it needs to be distinguished from the work fault.Finally,in view of the existing problems mentioned above,some suggestions are put forward at the legislative and judicial levels.