The Judicial Generalization And Rectification Of The Criminal Of Misprision

Academic tong said that negligence is refers to the national office working personnel serious irresponsible,fails to perform or not perform their duties seriously.Since the revision of the criminal law in 1997,dereliction of duty in the punishment of duty crime Supervise the staff members of state organs on the diligence plays a general prevention and special prevention function of criminal law.But along with the social development,with the increasingly development of anti-graft work,more and more civil servants not earnestly perform their duties,be investigated for criminal responsibility.Dereliction of duty of the judicial problem also gradually been revealed.The negative legal effect and social effect have been produced.In view of this,it is necessary to thoroughly inspect the judicial generalization of the criminal of misprision,and then discusses the legal regulation of the problem and how.The first part begins with the brief introduction of the research background of the judicial generalization of the criminal of misprision.That is,the connotation of the overview and the evolution of legislation of our country.It analyzes the generalization performance in the form of cases.Emphatically points out the core problem and the hazards.The second part of this paper analyzes the causes within the rule of law,including the legislation reasons,such as achieving the global of the pursuit of punishment,the unclear boundary of their duties,and judicial reasons,such as persistence of the criminal policy assessment.The last part of this paper is proposed to regulate the judicial generalization of the criminal of misprision,including the criminal legislation perfect improving,such as gradually perfecting the system of the crime,diminishing the dereliction of crime ring,and judiciary improvement,the rule of law concept remodeling.