On The Crime Of Misprision

As one of the serious official misconduct crime, misprision is attacked by each authority at anytime. The Chinese Criminal Law 1979 stipulated this crime separately and clearly, and some supplements to Criminal Law, together with administrative enactments, civil enactments, made important complements. Based on years of experience of legislation and practice, the Chinese Criminal Law 1997 renews the definition of misprision with more comprehensive and systematic articles. In addition to the traditional misprision crime, seven special ones are criminalized as misprision by the 1997 criminal law as well. Furthermore, the Standing Committee of People's Congress details the scope of misprision doer in legislative descriptions. With the retrospect of the experience of fighting misprision. in accordance with criminology, this thesis explores into relevant theories and laws in book, and analyzes the structure of misprision crime at four levels: body, mens-rea.. objective and actus-reus. This thesis also draws a line between criminal misprision and illegal one, and between misprision and other similar crimes. At last, this article pays special attention to practical problems, clarifies some ambiguous views, presents unique opinions on the complicity in misprision crime, and tables a proposal to reallocate and improve the punishment of misprision. The foresaid study is critical and material for understanding and applying laws, creating a clean and indigent government, as well as promoting the anti-corruption battle.