Analysis On The Subject Of Malfeasance From The Perspective Of Public Administration

"If you want to rule a country, you must rule your official at first". Strengthening thepunishment to civil servant is not only the necessary part of socialist legal system construction, but also the inevitable demand of building a well-off society in china. Because of itsSpecificity, especially the feature of violation of public office, as well as Multiplicity of social relations, crime of malfeasance has a more extensive social harmfulness than general criminal. The social contradictions caused by malfeasance will be more obvious, thus, it is the high time to crack down the crime of malfeasance. Currently, our legislation on crime of malfeasance are immature and unreasonable, moreover, since some inconformity exist between crime law and other law, there are some confusions happened in judicial practice,which lead that the law cannot guide judicial practice scientifically, thus, the punishment to malfeasance are very passive. Therefore, this paper focuses on analyzing the subject ofmalfeasance, putting forward some confusion in judicial practice, giving some advices onthe default in legislation and raising suggestions for improvement. This paper consists of four chapters: the introduction part of this article reveals about background of the spirit ofParty Central Committee strengthen the important punishment of malfeasance, expounds difficulties and challenges during the process of malfeasance investigation, as well as the present situation of theory research, and discuss the methods used in this paper and the goal the achieve through revising law. The second chapter discusses current legislation and confusions during judicial practice, through analyzing the academic point of view, summarize the essence of existing legislation. The third chapter lists four practice cases and makes a detailed analysis, through using the theory of "authority" to define the subject of malfeasance in judicial practice, achieving a good effect in practice, and reveal the discordance between laggard legislation and judicial practice. Finally, in the fourth chapter, the author put forward some advices on the above-mentioned discordance.