Research On The Basic Questions About Crimes Of Dereliction Of Duty

Crime of dereliction of duty means that the public officials in state agency make use of the conveniences on the job or profit oneself and embezzle to abuse the powers or misconduct in office, and this behavior not only harm the normal activity of the state agency, but also injure the public's trust and objective candor to the activities of the public officials in state agency, and cause the graveness loss with the state and people's benefits. Review the lawmaking process of crime of dereliction of duty, the used penal code of 79 years and the new penal code of 97 years of our country all ruled this crime with particular chapter; There are only nine criminal charges such as crime of acceptance of Bribes etc in the chapterVIII of the used penal code. But There are thirty-three criminal charges such as rime of power abuse and crime of misprision etc in the new penal codes; The subject of crime of dereliction of duty was changed from public officials into the public officials in state agency; By establishing crime of dereliction of duty, the high happen-rate about crime of dereliction of duty is suppressed and reduced. But, currently, about the modification crime of dereliction of duty, the local researchers did not explain well or did not reach the consensus for the basic principle problems within crime of dereliction of duty. So this resulted in very big harassment in the judicial operation. In the judicial affirm about thiscrime ,distinguish the premise of crime of dereliction of duty——"duties(orpowers)" and "the behavior of dereliction of duty"( including abuse the powers and misconduct in office) is always the decisive problem for the judicial staff...