Research On The Evaluation Of The Results Of The Crime Of Dereliction Of Duty After Accepting Bribes

The judicial interpretation clearly stipulates that the crime of accepting bribes and the crime of dereliction of duty should be punished concurrently.However,there are serious logical errors in this way of sentencing the number of crimes.There is a collusion between the crime of accepting bribes and the crime of dereliction of duty.Dereliction of duty is caused by bribery and causes serious harm.The evaluation method in judicial practice is based on the thinking of separation of two crimes.The first way to evaluate is considering the result only as an element of the crime of dereliction of duty.The second is taking the result as the sentencing circumstance of the crime of accepting bribes and the constituent elements of the crime of dereliction of duty,and the third is taking the result as the constituent element of the crime of serious bribery and the constituent elements of the crime of dereliction of duty.The above three evaluation methods all ignore the overall relationship between bribery and dereliction of duty.Besides,the above three evaluation methods are also inconsistent with the basic principles of criminal law.The harmful results caused by the crime of dereliction of duty after accepting bribes are usually very bad,and their social harm is great,especially when the perpetrator has a deliberate mentality about the harmful results.If the result is only used as a constituent element of the crime of dereliction of duty,it will lead to an imbalance of crime and punishment,which is not in line with the principle of proportionality of crime and punishment.If the perpetrator is negligent in the harmful result,there is only one legal interest violated which is the fairness of the official act in the crime of dereliction of duty after accepting bribes.Thus,the two crimes can be regarded as being within the same constituent elements as a whole.And it violates the principle of prohibiting repeated evaluation if the result is regarded as both the constituent element of the crime of dereliction of duty and the constituent element or sentencing circumstance of the crime of accepting bribes.There is a stepped relationship in the determination of the causal relationship of the crime of dereliction of duty after accepting bribes,and the dereliction of duty is directly attributed to the bribery behavior,which belongs to the overstep attribution of the causal relationship.Under the premise of the existing legislative framework,bribery and dereliction of duty can be integrated into a whole.The results of dereliction of duty after accepting bribes can be uniformly determined and the unified identification methods and standards can be clarified.The results of the crime of dereliction of duty after accepting bribes should be evaluated at multiple levels based on the subjective mentality of the perpetrator towards ‘dereliction of duty’.The perpetrator has a negligent mentality towards the harmful result under the theory of negligence,and based on the examination of the identity of law and benefit.The method of judging the number of crimes with competing legal provisions is introduced as the result of choosing one crime.The perpetrator has a deliberate mentality about the harmful result under the theory of deliberateness.And the harmful result should be regarded as the result of the crime of endangering public safety by dangerous methods based on the competition of crimes.