A Study On The Issue Of Favoritism In Dereliction Of Duty

The crime of dereliction of duty is a sort of crime by taking advantage of duty on a par with bribery and corruption crimes in China’s Criminal Law, of which the losses is far greater than the loss of corruption and bribery as a serious criminal offense and the perniciousness is also of great social concern. Since the founding, the punishment and prevention of the crime of dereliction of duty is a focus in criminal legislation, and therefore the reasonableness of the crime of favoritism dereliction of duty in legislation has been confirmed by the practice, revised Criminal Law in1997is extraordinarily concerned about the crime of dereliction of duty and there’s a chapter of the crime of dereliction of duty. Practicing favoritism of dereliction of duty crime is an important type of the crime of dereliction of duty. In Chapter IX of the Criminal Law, playing favoritism and committing irregularities states considerable proportion in charges, as the common feature of these crimes is that they are constitutive elements of crimes, in terms of theory, they’re named the playing favoritism and committing irregularities type crime of dereliction of duty. Depending on the different of crime constitutes, the crime of dereliction of duty can be divided into three types:crime of abusing the office, crime of dereliction, crime of playing favouritism and committing irregularities.The basic charges of the crime of playing favouritism and committing irregularities have statements such as favouritism, partiality and playing favouritism and committing irregularities. Favouritism type crime of dereliction of duty is that the personnel of organs of state pursues self-interest by the ways of deliberately deviating from the truth, breaking the law and deception and thus brings heavy losses to the public and private property or the interests of the state and the people. The object of the crime is justice and honest of the personnel of organs of state. Since its inception, however, there’s considerable debate in the jurisprudence and the legal profession, mainly focusing on the subject of the favouritism type crime of dereliction of duty, the implications of favouritism, determination of crime and punishment. Divergence about viewpoints and serious backwardness of legislative explanation and judicial interpretation lead to great difficult in investigating of practicing favoritism type crime of dereliction of duty. In recent years, due to a higher incidence of the playing favouritism and committing irregularities type crime of dereliction of duty, which has been a focus in the circles of criminal law. There’re many debates caused by favoritism that can be broadly divided into three aspects:1. Whether the favoritism is the constitutive requirement of the playing favoritism and committing irregularities type crime of dereliction of duty, is it acting, motive or purpose?2. Does favoritism include unit or collective?3. The count issue of the playing favouritism and committing irregularities type crime of dereliction of duty, single count or several counts, punishments for the most serious crime or for plural crimes.The article, from current situation of the playing favoritism and committing irregularities type crime of dereliction of duty, using empirical analysis and historical investigation, relating judicial practice and social needs, analyses a number of issues of the favoritism type crime of dereliction of duty, and on this basis, correspondingly proposes methods on how to perfect rules on the favoritism type crime of dereliction of duty and the abolition of the rule that "favoritism" as a constitutive elements of a crime, takes it as the basis of severe punishment and renewing accusation definition; expansion of such criminal subject to the unit and application of the deprivation of political rights. Even in the case of amending criminal law is premature, the issues in dispute should also be explained by legislative or judicial interpretation to make a clear description and definition, to avoid negative effect on reasonable punishing and deterrence to the crime of dereliction of duty because unified application of the law, that is, through the improvement of substantive criminal law and with the aid of administrative measures to prevent criminal dereliction of duty. The purpose is to further prevent and punish the favoritism type crime of dereliction of duty and to uphold the dignity of the socialist legal system and the legitimate rights and interests of the citizens, to establish the prestige of the state organs and the honesty and integrity of the government.Meanwhile, from the level of legal studies, the significance of it is that through the basis of learning and summarizing the research of scholars and practitioners, combining judicial practice, to research innovations and development on the favoritism type crime of dereliction of duty and facilitate the further theory studying and punishment and prevention on the favoritism type crime of dereliction of duty.