A Study On The Judicial Determination Of The Crime Of Dereliction Of Duty Committed By Community Correction Workers

The dispute about the determination of the crime of dereliction of duty of community correction personnel in judicial practice urgently needs to be resolved.The practical work of community correction is complex.The distribution of staff,the degree of responsibility clarity,the rationality of corrective measures,the connection with other organs,the procuratorial supervision and other issues may affect the responsibility of community correction staff.In the field of community correction,the crime of dereliction of duty can not be confirmed only by the general legal experience,but also by combining with the actual situation of community correction and judicial confirmation from the perspective of norms.This paper is divided into seven parts,focusing on the establishment of community correction staff suspected of dereliction of duty cases of relatively certain judicial rules.The first part is the introduction.The conditions of recidivism of community correction object during the correction period usually point to the dereliction of duty of community correction staff.However,in judicial practice,the criminal accountability of the staff is vague and deviates from the reality.The new characteristics of community correction work make the general mode of dereliction of duty difficult to apply accurately.The second part is the statistical analysis of relevant case data.By collecting the relevant cases on the Internet of China’s judicial documents for statistics,we find that the facts of such cases are similar,but the judgment conclusions are different,and there are many disputes on the elements of causality,subjective negligence,obligation conflict and so on.The third part is to determine the responsibilities of community correction staff.When the powers and responsibilities are not unified,the accountability of the "appointment system" staff should be excluded;the accountability of the leaders who have the obligation of substantive supervision should be pursued,and the behavior of the subordinates constrained by the superiors may be exempted.The fourth part is to clarify the causal relationship of the crime of dereliction of duty.The causal relationship of dereliction of duty is difficult to judge due to the lack of natural causal process and other influencing factors.The objective imputation theory fits the characteristics of the coexistence of "correction and risk" in the community correction system.It can better solve the causal disputes in such cases by using the "hierarchical and step-by-step" structure to make standard judgment.The fifth part discusses the subjective negligence of the crime of dereliction of duty.There is a certain distance between the implementation of the community correction system and the top-level design.The provisions on the duty of care of community correction staff in the "community correction law" must be identified in combination with the actual situation.In addition,the difference between the crime of abuse of power and the crime of dereliction of duty is that the subjective fault is intentional,and the confusion in judicial practice should be corrected.The sixth part is to solve the problem of obligation conflict of community correction staff.The heavy task,few staff and low degree of specialization of grass-roots work lead to the fact that many staff members need to undertake other responsibilities of different sizes.Part time jobs exist in some of them.For them,when there are conflicts in the performance of various obligations,they can not do what they can,so they should consider the space for exemption.The seventh part is the conclusion.This paper summarizes the main viewpoints and expositions in the article.