On The Crime Of Dereliction Of Duty

Crime of neglecting one's duties is fixed to the first item of number 397 of the criminal law of 1997. It is a serious and dangerous crime with high rate of occurrence of cases. But due to the simple regulations on the guilty in legislative technologies, it will not benefit administration of justice, causing more disputes in both theory and practice, The following is to deal with it in five part.The first part reviews and summarizes our country's legislative evolution on the crime of neglecting one's duties, and introduces its current situation. On the basis of this, the tentative analysis is made to modify and perfect law on the crime of neglecting one's duties in the revising type. -The second part is the key one of this article in describing the concept and characteristics of the crime of neglecting ones duties. In its characteristic part the deep analysis is given to the object and objective respects and subject and the subjective respects of the crime mentioned above. In the first place, it introduces several different kinds of understanding to the crime on neglecting one's duties in the academia, analyses it by combining the concept of the object of crime and explains that the object of crime to neglect one's duties is the duty of public affair and normal activity of the government office. Secondly, the guilty objective respect has been analyzed from the form of expression of behavior and dangerous consequence emphatically to neglecting one's duties and four kinds of forms of expression of the behavior of neglecting one's duties have been summarized. Compared with the behavior ofabusing one's power, the concrete situation of endangering the consequence objectively has been probed. Thirdly, it points out briefly the subjective range of crime of neglecting one's duties. Fourthly, by analyzing the subjective range of crime of neglecting one's duties' it is considered that crime one's duties can be formed both of fault and on purpose indirectly.The third part mainly explains the relevant questions of asserting crime of neglecting one's duties. In the demarcation line of being innocent or guilty, it points out separately the demarcation line between crime of neglecting one's duties and bureaucracy, work fault and general neglecting one's duties. The initial analysis is made to explain the law question on crime of neglecting one's duties. It expounds especially the demarcation line between crime of neglecting one's duties and crimes of abusing one's power, bribery and liability in the serious accident.The fourth part mainly analyses punishment on crime of neglecting one's duties. In determining person's criminal responsibilities of such crime, the degree of great loss and weights of other crimes must be considered. The question of sharing of the responsibility for a crime to the subject is also described in this part.The fifth part analyzes the existing question of legislation on the crime of neglecting one's duties. There are mainly five ones: narrow subject, unclear form of fault, improper clause, generalized principle on punishment and slipped objective respect to some extent, Then by combining the current legislative situation of our country, suggestions and opinions have been put forward in making legislation on the crime of neglecting one's duties perfect.