Research On The Criminal Responsibility Of Civil Servant In The Context Of Fault Tolerance And Fault Rectification System

Fault tolerance and fault rectification means that the actor(national staff member)fails to achieve the expected goal or cause damage results in the process of performing the actor's duties,reform and innovation,but the actor's behavior conforms to laws,regulations or policies and the actor does not seek personal interests,the actor is exempted from or mitigated from relevant responsibilities and corrects mistakes in a timely manner.Generally speaking,Fault tolerance and fault rectification refers to the system that allows state personnel to make mistakes under certain conditions.Fault tolerance and error correction is in a very delicate position in the current social governance system.Take a step backward and you may slip into the abyss of crime.From the perspective of criminal law,this paper studies Fault tolerance and fault rectification,clarifies the significance of Fault tolerance and fault rectification in criminal law,clarifies the relationship between Fault tolerance and fault rectification and basic theories of criminal law,discusses the boundary of Fault tolerance and fault rectification in criminal law,and correctly identifies the criminal responsibility of the responsible personnel on the edge of crime and mistake.This text has three chapters besides the introduction.In the first chapter,ontology research is carried out on the system of fault tolerance and error correction.First,it introduces the development of fault tolerance and error correction system,which is a very new system.Secondly,it introduces the main characteristics of the current fault-tolerant and error correction system: less formal documents,more documents issued by local party and government organs,and low level of document effectiveness.Thirdly,as far as the concept of fault-tolerant and error correction is concerned,the current research on the system of fault-tolerant and error correction by the theoretical and practical departments is still insufficient,and the lack of theoretical supply is very serious.At the same time,the existing research has not formed a consensus.Fourthly,the definition of "fault" in the current system is not clear,and the implementation procedure is a little rough,so there is still a lot of room for improvement in the fault tolerance and error correction system.Fifthly,there are many problems in the current fault-tolerant and error correction system.We should make the system work better through the way of rule of law.The second chapter,from the fault-tolerant error correction system and criminal law system to carry out a comparative study.Fault tolerance and error correction system and criminal law belong to two different paradigms of system system system,but through the investigation and practice,it is found that there are many criminal problems in the application of fault tolerance and error correction,some cases that should be applied to fault tolerance and error correction are treated as criminal crimes,so it is necessary to explore the relationship between fault tolerance and error correction system and criminal law norm system.This chapter is mainly from a macro perspective to analyze the relationship between fault tolerance and error correction system and criminal law.From the perspective of criminal law philosophy,criminal law itself is a "fault tolerance and error correction law",with the same value orientation.From the perspective of criminal policy in China,it is concluded that fault tolerance and error correction will inevitably have a "wide" impact on the identification of "crime of dereliction of duty" and other related charges.Fault tolerance and error correction reflects the "wide" side of the criminal policy of combining punishment with leniency.At the same time,the advocacy of fault tolerance and error correction should also follow the basic principles of criminal law.The third chapter selects the most typical crime of abuse of power as the focus to carry out the practical research on the application of fault tolerance and error correction criminal law.The second chapter is to discuss the relationship between fault tolerance and error correction system and criminal law from the macro level.In this chapter,it is to return to the specific problems and analyze the most serious and typical abuse of power crime in practice.In the face of the chaotic application of the crime of abuse of power in practice,under the background of the introduction and application of the fault-tolerant and error correction system,we should adhere to the lenient criminal policy,and under the basic principle of legality of crime and punishment,focus on the factors such as the actor's legal acts,subjective guilt,duty of care,expectation and feasibility for comprehensive consideration.We should give full play to the function of fault tolerance and error correction system,and protect those cadres who really serve the people and take on their responsibilities.