Dereliction Of Duty Case Studies About Wang Mouyang And Jia Mouyang From The Perspective Of The Criminal Law

The criminal law provisions is extremely simple on the crime of dereliction. And the crime of dereliction and the crime of abuse of authority are summarized in the same criminal law provisions. Then it causes many bifurcation and problems about the cognizance of the crime of dereliction of duty in the field of theory and practice. Especially, the cognizance of dereliction of duty behavior, the meaning of serious loss and their causality in criminal law are still hotly disputed. Meanwhile, the judicial cognizance about case of dereliction of duty is a cause for concern and discuss issues. These disputes in the field of theory and practice are easy to cause the court made an unfair decision. Therefore, this text select a case about dereliction of duty to study issues about crime of dereliction by analyzing the case.From the dereliction of duty case about Wang Mouyang and Jia Mouyang point of penetration, this test analyzes the crime of dereliction. Taking this case as an example, by introducing the merits and dispute focal points, this text analyzes the dereliction of duty behavior, the meaning of serious loss and their causality in criminal law and the judicial cognizance of the crime of dereliction of duty. This text comes to the conclusion that the accused men's behavior is not the dereliction of duty behavior and there is no causality in criminal law between their behavior and the serious loss. And Wang Mouyang and Jia Mouyang have no subjective fault. Therefore, facts of the case doesn't accord with the constitution of crime. That is to say, the accused men doesn't commit the crime of dereliction.Analysis of the case for the time being to this. Moreover, there is much food for thought in the case about dereliction of duty. For example, the criminal law provisions is extremely simple on the crime of dereliction and the crime of dereliction and the crime of abuse of authority are summarized in the same criminal law provisions. For the shortcomings of the legislation, this text gives some suggestions. For example, to enrich the expression of this crime, make the subjective aspect into the criminal law provisions and enhance the legal punishment and so on.