The Criminal Law Analysis Of "Economic Loss" In The Crime Of Dereliction Of Duty

The identification of dereliction of duty involves many professional fields,and its harmful consequences are characterized by diversity,complexity and uncertainty."Economic loss",as a form of damage consequence of dereliction of duty crime,has different understanding of its starting time,calculation scope and determination standard in theory and judicial practice,leading to differences in the conviction and sentencing of similar cases.Therefore,it is necessary to study this issue.Taking the case of "Shi xx suspected abuse of power crime" as an example,this paper puts forward its own views on whether Shi xx's behavior has caused "economic loss" and whether Shi xx's behavior constitutes a crime of abuse of power,hoping to provide relatively reasonable argumentative thoughts for the treatment of similar cases.In addition to the introduction,the full text is divided into the following four parts:The first part is the basic information of the case.The case comes from a court in Bazhong municipality,Sichuan province.Shi xx as a certain county economy and information bureau staff,knowing that a ceramic tile company reported the material contains untrue ingredients,but still through the audit and report,resulting in the ceramic tile company to obtain energy saving special funds subsidies 3.5 million yuan.Provincial branch decides to take back fund after acceptance of course spot,county government concerned branch signed the agreement that returns 3.5 million yuan with this ceramic tile company.Ceramic tile production company returns 500,000 yuan by agreement after,after procuratorial organ puts on record to certain to history with abuse of power crime,ceramic tile company returned the remaining 300,000 yuan.There are three key points of dispute in this case: the status and role of "economic loss" in the crime of dereliction of duty;The determination of "economic loss" in malfeasance crime should take "irretrievable under normal circumstances" or "out of control" as the standard;How to determine the calculation node of economic loss in malfeasance crime?The second part is related legal theory analysis,which is also the key part of the full text.Firstly,this part demonstrates that "economic loss" is the constitutive element of dereliction of duty crime,and the size of the loss determines whether and how serious the criminal responsibility is.On this basis,it demonstrates that there is no attempted state of dereliction of duty crime.Secondly,this paper discusses the standard of economic loss in malfeasance crime,and concludes that economic loss is irretrievable loss under normal circumstances.Finally,the calculation node of "economic loss" is further discussed,and the conclusion that the calculation node of "economic loss" should be "before filing" is finally drawn.Through the above specific analysis,it provides the theoretical basis for Shi's qualitative demonstration of behavior.The third part is the conclusion of this case.On the basis of the analysis and demonstration in the second part,the author clarified the following questions: Even if there is the risk of "economic loss",it cannot be concluded that Shi's behavior constitutes the attempted abuse of power crime;Although the financial fund is out of control for a short time,the security of the fund is not damaged in substance.Although the financial funds are out of control for a short time,they do not cause substantial damage to the security of funds.The "economic loss" at the time the case was filed was still uncertain.Therefore,Shi's behavior does not constitute a crime of abuse of power.The fourth part is the research inspiration.Through the analysis of this case,the determination principle of "economic loss" in the crime of dereliction of duty is clarified.In practice,specific cases should be analyzed to gradually reduce the reliance on judicial interpretation and provide reference for judicial practice by means of "guiding cases" with general guiding significance,so as to ensure accurate fight against crimes,protect human rights and ensure the uniform implementation of laws.