Dereliction Of Duty And Practical Issues

Dereliction of duty is one of the crime of dereliction of duty class, the form of the articlein case studies focusing on the three focal issues in the process of recognition of dereliction ofduty described, One is the problem of identification of the causal relationship betweenmalpractice and significant loss of results between the criminal law; The second is theproblem of identification malpractice result in significant losses; The third is the problem ofidentification of the subjective aspect of crime of dereliction of duty, These three issues arevery specific the judicial practice, criminal law scholars are debating theoretical issues.Articles by Zhang dereliction of duty case leads to the three the focus of controversy,after described law and the theoretical circle of criminal law of dereliction of duty on the threefocus issues Research. The combing of all kinds of theories and controversies on three focalissues in the theory of foreign criminal law and criminal law theory, and then use the pass,said to specifically analyze the case of Zhang dereliction of duty in the Chinese and foreigncriminal law theory, Through the focus of three controversial issues in the case of Zhangdereliction of duty to answer to the case study analysis.Article of16,000words, divided into the following six parts:Part I describes the reasons and results of Zhang dereliction of duty in the basic facts ofthe case and the judgment of the Court, which pointed out that the three focal point of the trialthe prosecution and the defense dispute between the parties;Part II of the analysis of the relevant laws and regulations and legal point of derelictionof duty;Part III the Zhang dereliction of duty cases, analyzed from three focus issues. The firstfocus is Causation in criminal law, the articles were described and comment on the causalrelationship between various theories of foreign criminal law theory and apply the doctrine ofcausality Zhang dereliction of duty case in the Criminal Code the causal relationshipidentified, concluded that Zhang’s malpractice and bank loans deceived the results of this lossdoes not exist between the criminal law of causality; The second focus is the identification ofsignificant losses, significant loss of relevant laws and regulations described and pointed outthat there are still a lot of controversy in the process of recognition of the significant loss of,thereby identifying the loans of banks cheated the case of Zhang dereliction of duty does not belong to the scope of the significant losses;. The third focus is on the identification of thesubjective aspects of dereliction of duty, a legal analysis of articles on the subjective aspect ofcrime, that the subjective aspects of dereliction of duty can only be criminal negligence,which Zhang dereliction of duty case subjective aspects of the identification;Part IV is the conclusion of the study in this case, the article pointed out that Zhang doesnot constitute a dereliction of duty, the court ruled there are inconsistencies.