The Research Of Executing Judgement And Dereliction Of Duty

In our country,the enforcement has always been concerned by the general public.The reasons of this dilemma including the person,who is supposed to fulfill the obligation and the person are always have complicated backgrounds or uncertain income,fail to comply his duty.In another way,the executor neglects his duty is a more important reason we should pay attention to which cause the mess.The execution of arbitrated misconduct occurs in the Criminal Law Amendment（4）in 2002 firstly,separated from other crime of dereliction of duty,which were promulgated in the Criminal Law,chapter nine.This paper takes the execution and arbitrated misconduct as research object,on the basis research achievement of crime of dereliction of duty and involuntary crime,aims to discuss some relevant problem that explicitly the determination of that crime in judicial practice,and this paper will state the point in two aspects,subjective and objective aspect.In this paper,the author discusses the determination of executing judgment and dereliction of duty in detail by the literature analysis,case analysis,logical analysis and other diversified research methods.In the first place,this paper states the basic issues of the determination of executing judgment and dereliction of duty on the basis of research achievements of crime of dereliction of duty and involuntary crime.Comparing with the detailed issues on judicature recognized about crime of dereliction of duty and involuntary crime,it’s not difficult to find that,we should pay more attention to the subjective and objective aspects,the subject of crime,the causality and other significant issues in our practical experience.Secondly,this paper will concerned on the analyzing the range and scope of the subject to which this crime applies,which lay the foundation of how to apply related articles of law.The judgment should include all the written judgments which have property-related issues,those written not only appear in administrative system and civil procedure,but also include criminal procedure.On the subject,we should stick to the “responsibility” and “status”.Thirdly,this paper support the distinct value of criminal behavior with negligence especially,the faults of this crime includes both negligence and overconfidence.Propose typical type of behavior,detailed some important issues about the result,distinguish the difference between accident,subtle errors and this crime.