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Research On The Problem Of Negligence And Guilty

Posted on:2018-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:F YangFull Text:PDF
GTID:2356330515977531Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In recent years,the government attaches great importance to against corruption,and increase efforts to crack down duty-related crimes.The crime of dereliction,as a typical accusation of criminal law stipulation's duty related crime,some deficiency of lawmaking has shown up gradually in the application of criminal law.In accordance with the controversy of duty-related crimes in both theory and practice,this paper makes a systematic analysis,and presents new ideas.The paper makes points as follows,firstly,the state functionaries should include the people who are engaged in the public service in the government organs.The scope of government organs should be declared in the criminal law.Secondly,the subject aspect of duty-related crimes should only include misstep.Thirdly,as the confirmation of serious irresponsibility,it requests that the actor possesses duty of care and notice ability of responsibility.Fourthly,the harmful behavior of dereliction is shown as performing the duty and performing the correct duty.The behavior include actions and lack of actions.Lastly,the heavy loss of duty-related crimes includes material loss and non-material loss.
Keywords/Search Tags:The crime of dereliction, Engaged in official business, Serious irresponsibility, Heavy loss
PDF Full Text Request
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