On The Identification Of Crime Of Dereliction Of Duty

In recent years,with the increasing attention of the country to the crime of corruption,the crackdown on duty crime is increasing.The crime of dereliction of duty is a typical charge of the duty crime stipulated in the criminal law of our country.In the process of specific application of law,especially in the identification of crime,there are still many disputes.In this paper,six focal issues are selected and divided into three sections in the form of case analysis.For each problem,respectively from the legal provisions,academic disputes,practical difficulties and other aspects of the discussion,and comprehensive theoretical basis and practical requirements to propose solutions.Firstly,the paper discusses the difficult problems about the subject identification of the crime of dereliction of duty: first,whether the village committee and other grass-roots organization staff can become the subject of the crime of dereliction of duty.By comparing the theory of identity,the theory of public service,the theory of both identity and public service,the conclusion that the theory of public service is the most reasonable is drawn.In the adoption of the official statement,the village committee and other grass-roots organization staff in the implementation of official duties in line with the main requirements of the conclusion.The second is whether the specific implementer can be identified as the subject of the crime of dereliction of duty when the collective decision is wrong.By dividing the responsibilities of the leading personnel and the specific implementers,and distinguishing the direct and indirect responsible personnel,we can identify the subject of the crime of dereliction of duty comprehensively.Secondly,the paper discusses the difficult problems about the identification of the crime of dereliction of duty: first,the boundary between the work error and dereliction of duty.This paper explores the difference between work error and dereliction of duty from both practical and theoretical aspects,and explains the connotation of serious irresponsibility,and puts forward that when it is difficult to distinguish between the two in common practices,we can judge by whether we have reached the standard of serious irresponsibility.Second,whether duties not stipulated in laws and regulations can be regarded as official duties.It is suggested that the scope of official duties should not be limited to legal provisions,and the identification criteria should be refined.Finally,the paper discusses the difficult problems about the identification of causality of the crime of dereliction of duty: first,how to identify the causality in the case of multiple causes and one effect.In this paper,the dual level theory and the equivalent theory are adopted comprehensively.Firstly,the causal relationship between the behavior and the result is judged,and then whether it is equivalent to the result.Second,how to determine causality when there are intervening factors.It is necessary to judge the anomaly of the intervening factors,whether the intervening factors belong to the jurisdiction of the actor,and the effect of the intervening factors on the occurrence of the results respectively,so as to judge whether the intervening factors can block the causal process and draw a conclusion.