Recognition Of Police's Duties In Case Of Dereliction Of Duty

As a kind of duty negligence crime,the crime of dereliction of duty is more harmful to the society than the general duty behavior because of the particularity of its subject and mode of action.As a special group to maintain public order and fight against illegal and criminal activities,the negative impact of the people's police is much greater than that of the general group once they commit illegal and criminal activities.Dereliction of duty by the people's police will not only seriously damage public property,the interests of the state and the people,but also damage the overall image of the public security team and even the government.It has exacerbated the contradiction and crisis of trust between the police and the people.At present,based on the implementation of anti-corruption policy,dereliction of duty as a kind of dereliction of duty,has also been included in the content of corruption remediation,and has received more and more attention.The academic circles have never stopped studying the crime of dereliction of duty.There are many discussions and literature about the subject,behavior,causality and subjective responsibility of the crime of dereliction of duty.However,there are relatively few studies on the scope of responsibility and identification of the crime of dereliction of duty,especially focusing on the police group as the main research objective,focusing on the scope of responsibility and rights protection of this particular group.Throughout the course of changing the content of police duties in China,we can find that in order to adapt to the development situation in the period of social transformation and meet the needs of the public for social services,the scope of police duties is showing an expanding trend.The extension of police duties conflicts with the limited police resources,resulting in the overload of police work,which has brought about a series of side effects for a time.It aggravates the occurrence of dereliction of duty.At the same time,through the analysis of the relationship between police powers and responsibilities,it also reveals that the unclear identification of responsibilities in domestic legislation makes it difficult to achieve a unified balance between the two,which means that the exercise of police powers lacks reasonable constraints,and the abuse of power is unavoidable.Therefore,how to reasonably regulate the scope of police duties and integrate them with the application of police functions and powers is the primary problem faced by the identification of police responsibilities in the current crime of dereliction of duty.After a brief analysis of the transformation and development of the scope of police duties,it is not difficult to see that the problems existing in the identification of police duties in the current crime of dereliction of duty are mainly reflected in the level of legal norms.It mainly focuses on the unclear duty provisions,the unclear type of norms and the vague standard of identification of different police categories,which leads to the unclear basis for the determination of the crime of dereliction of duty and the unreasonable expansion of the scope of punishment,resulting in the judicial generalization of the crime of dereliction of duty,bringing harm.Therefore,in view of the problems existing in the identification of the police's responsibilities in the cases of dereliction of duty,we should take appropriate measures to solve the problems and provide corresponding countermeasures.First,we should attach importance to the relationship between duty of care and scope of duty,and regard the ability of attention as a criterion to determine the scope of police duty.Secondly,we should strictly standardize the legal basis of police duty scope,refine the provisions,and at the same time,we should also specify the legal ranks and types that can be used as the basis of identification.In addition,in view of the special circumstances of police law enforcement,on the premise of defining the scope of police duty,the scope of police duty immunity can be further defined,so that the legitimate law enforcement behavior of the police can be exempted from accountability,enhance the enthusiasm and effectiveness of law enforcement of the police,so as to achieve the unity of standardizing police duty behavior and protecting the legitimate interests of the police group.