Study On The Law Application Of Negligence Duty

As a type of crime of dereliction of duty in China,the crime of negligence of duty,due to the particularity of the subject of crime and the seriousness of the harmful consequences,is increasingly attracting people ’s attention in today ’s rapid economic and social development.Crimes of malfeasance that do not involve pockets have very serious consequences.Therefore,compared with corruption and bribery crimes,the crime of negligence of duty is even better.It not only seriously damages the normal operation of the authority,reputation and work order of state organs.,Causing severe political and social impact,and often also causing casualties and major property losses.This kind of crime occurs among people engaged in public affairs in all walks of life.The scope of the crime is relatively wide,and the situation involved is complex and changeable.In judicial practice,we can see that accidents occur frequently due to negligence of the actor,resulting in a large number of people.Casualties and huge property losses,but the final punishment was not satisfactory.Sentencing and guilty convictions,misdemeanor and misdemeanor sentencing were extremely disproportionate to the harmful consequences,which affected the credibility of the judiciary.On the one hand,it is because China’s relevant legislation on the crime of negligence of duty is imperfect,so that it is incomprehensible in judicial practice;on the other hand,because of the lag of the law,many difficult and complex problems arise in the judicial practice,and a unified standard cannot be formed.Criminal law theorists have little research on the problems of dereliction of duty crimes,so that the phenomenon of disconnection between theory and practice has become more and more serious.In the face of judicial practice,there are more and more incurable diseases of negligence of duty,so as to get rid of such crimes as soon as possible."Illness",this article is based on relevant theories,combined with the experience and practice of judicial practice,in-depth analysis of the common difficult and complicated problems of negligence,and combined with various foreign regulations and experience,to extract the essenceand propose to solve related difficult problems Countermeasures and suggestions to guide judicial practice in handling cases.This article is divided into four parts for elaboration,and a brief overview of the relevant content is as follows:The first part: the definition of the crime of negligence of duty,from the perspective of the connotation of the crime,the elements of the crime,the basic characteristics and social hazards,with an understanding of the intent of the legislation,explain the impact and current status of such crimes on society,Laying the groundwork for proposing and resolving the problem of negligence of duty.The second part: the problems faced by the crime of negligence of duty in the application of law,one is the research on the identification of the subject of the crime,based on the relevant legal basis of the subject of the crime,the theoretical advantages and disadvantages of the theory of identity and authority,etc.Judicial practice,find out the methods and countermeasures to solve the problem;second,research on the identification of causality,from the perspective of the concept of causality and the pros and cons of related theories,so as to analyze the complex judging criteria and steps of causality;third,major losses Research on the determination of issues,starting from the basic classification of major losses and the content of specific provisions,study how to determine the amount of major losses;Fourth,the study of the handling standards when the laws and regulations are competing,from the definition of the laws and regulations and the pros and cons of handling methods Starting from,study how the special law is superior to the general law and the principle of sentencing countermeasures to apply each other to solve the problem of competition and cooperation.The third part: The experience of foreign countries on the crime of negligence of duty,for the difficult and complicated problems such as the subject identification problem,the causal relationship determination problem,the major loss determination problem and the law and regulations cooperation treatment method,etc.Relevant regulations and solutions,and put forward methods and measures worth learning from.The fourth part: put forward countermeasures for the difficult problems in the application of the law of negligence in China,combined with the problems existing in the crime of negligence in our country,and drawing on the effective experience and practices from outside the region,put forward suggestions and countermeasures to improve the crime of negligence in our country: One is The scopeof the subject of the crime should be identified from the perspective of duty;the second is to adopt the binary distinction method to determine the cause and effect relationship;the third is to determine the major loss should be unified in the form of legislation;the fourth is that special cases can be applied to the crime of anti-enactment of crimes,which is applied to the judicial practice process in.