On Crime Of Neglect Of Duty

This article, consisting of 4 chapters, mainly discusses crime of neglect of duty.Chapter I is a brief description of crime of neglect of duty. The author introduces the legislative history and considers crime of neglect of duty is the act of any functionary of a State organ who, in violation of requirement of duty, does not perform the duty he should do according to his duty, thus causing heavy losses to public money or property or the interests of the State and the people in the light of present criminal law. It will destroy the working duty system of State organ, damage the political prestige of Party and State and causes heavy losses to State and the people.Chapter II is about constitution of crime of neglect of duty, expounding on its object, objective aspects, subject and subjective aspects, and the object and subject of crime of neglect of duty are focal points in this chapter. In author's opinion, the object of crime of neglect of duty is complicated object, which directly violates diligent management system of State organ. As to its subject aspects, the author agrees the legislative reason of transformation from "a State functionary "to "a functionary of a State organ" in present criminal law, but suggests the legislation should be further perfected.Chapter III probes into the conviction of crime of neglect of duty. It analyzes the criterion to decide whether it is considered the crime and which crime it is considered, and distinguishes crime of neglect of duty from ordinary act of neglect of duty, work mistaken, bureaucracy, leader responsibility, and also from crime of abusing the office, crime of abusing the official capacity of other subjects and crime of negligently causing a serious accident.Chapter IV explores the punishment and perfection of crime of abusing the office. Through elaborating the reasonableness and shortage of its punishment, the author puts some legislative perfection suggestions.