Case Study Of Dereliction Of Duty

Article 397 of the Criminal Law of the People’s Republic of China,is a kind of malfeasance crime.With the development of society,neglect of duty,as a behavior that has its root and spreads in response to the development of the times,has gradually reappeared and shown an expansion trend.As a result,more and more staff of state organs began to have a fluke mentality and gradually developed into a situation of losing professional ethics and social responsibility,abandoning national interests,social interests and people’s interests,and taking private interests as the supreme existence,thus triggering a series of immeasurable societies.It will cause problems and lay hidden dangers for the healthy and orderly development of society.The dereliction of duty by the staff of state organs has seriously damaged China’s economic,social and political construction.However,China’s criminal law has not made clear provisions on the identification of negligence,major losses,causation and other issues,which has led to the gradual increase of different judgments in the same case,affecting the construction of judicial credibility in China,and not conducive to maintaining the stability of social order.Therefore,how to identify the crime of dereliction of duty is an important topic in safeguarding the construction of socialist rule of law.Based on the social reality background of dereliction of duty,taking the constituent elements of the crime of dereliction of duty as the framework,starting from the scope of responsibility,major losses and causality of the crime of dereliction of duty,and taking eight typical cases such as Huang’s dereliction of duty as samples to summarize the difficulties in the application process of the crime of dereliction of duty.The evaluation conclusion can be roughly summarized into the following three aspects: First,the scope of responsibility for the crime of dereliction of duty should have written characteristics,strictly regulate its scope,limit the discretion of judges,and pay attention to distinguishing negligence from general work mistakes;second,economic losses in major losses refer to the loss.Losses that have actually occurred at the time of filing a crime,and we should strictly distinguish between direct economic losses and indirect economic losses,and carefully determine the scope of bad social impact.Third,when judging causality,we should follow the mode of behavior,analyze the case,and examine the punishability and attribution of the perpetrator.