Judicial Definition And Application Of Crime Of Dereliction In Motor Vehicle Management

As an important type of dereliction of duty crime,the legal interests violated by the crime of dereliction of duty is the normal exercise of power by state organs to perform their duties.Due to the particularity of motor vehicle management activities,the crime of dereliction of duty in this field is relatively few,but judging from the constitutive requirements of the crime of dereliction of duty,it is not uncommon for motor vehicle managers to fail to perform their duties or slack in performing their duties,thus causing heavy losses to public property,the interests of the state and the people,and motor vehicle management collar The crime of dereliction of duty in the field has also increased.Compared with ordinary crimes,dereliction of duty has its own peculiarities.Dereliction of duty is often hidden behind the consequences of serious harm or accompanied by bribery.It is difficult to be identified as the direct cause of the consequences of harm in judicial practice.In the process of vehicle management,the judicial definition and application of the crime of dereliction of duty of motor vehicle managers have gradually become prominent.This paper studies the definition and application of the crime of dereliction of duty by taking the cases of "Confucius' dereliction of duty,accepting bribes","Qiu Qian's dereliction of duty " and "Wu Mou's dereliction of duty" as examples.Therefore,this paper takes the above-mentioned cases as the starting point to systematically analyze the current judicial definition and application of the crime of dereliction of duty in the field of motor vehicle management.Through the analysis,it is found that there are some problems in the determination of the crime of dereliction of duty in the field of motor vehicle management,such as improper expansion of the scope of the subject,deviation of the crime and punishment,and "pocket crime".In this case,combined with the basic position of restricting conviction,the author puts forward the main viewpoint of avoiding the above phenomena in judicial practice: first,we should be alert to the phenomenon that the scope of the subject extends to "contract workers" and judge the causality of the crime of dereliction of duty in the field of motor vehicles in a standardized way;second,we should combine the actual situation of motor vehicle management.Thirdly,we should avoid the deviation of crime and punishment,avoid the crime of dereliction of duty becoming "pocket crime",substantially determine the elements of dereliction of duty,and prevent the excessive expansion of the criminal circle.