1, the criminal subject is a special subject, that is, the staff of state-owned enterprises;
2. Subjectively, it is indirect intention or negligence;
3. The object of infringement is the property rights and interests of state-owned enterprises and the socialist market economic order;
4, the state-owned enterprise staff due to serious irresponsibility or abuse of power, resulting in state-owned enterprises suffered heavy losses.
What is the standard for filing a case of dereliction of duty?
The standard for filing the crime of dereliction of duty is:
1, causing more than 1 people to die, or seriously injuring more than 2 people, or slightly injuring more than 5 people;
2, causing direct economic losses of more than 200 thousand yuan; Causing relevant companies, enterprises and other units to stop production, suffer serious losses or go bankrupt;
3, serious damage to the national reputation, or cause adverse social impact;
4 other circumstances that cause heavy losses to public property, the interests of the state and the people.
Legal basis: Article 168 of the Criminal Law of People's Republic of China (PRC).
Crime of dereliction of duty by personnel of state-owned companies, enterprises and institutions, crime of abuse of power by personnel of state-owned companies, enterprises and institutions. Staff members of state-owned companies and enterprises who are seriously irresponsible or abuse their powers, resulting in bankruptcy or serious losses of state-owned companies and enterprises and heavy losses of national interests, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the state shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Staff members of state-owned institutions who commit the acts mentioned in the preceding paragraph, thus causing heavy losses to national interests, shall be punished in accordance with the provisions of the preceding paragraph.
Staff members of state-owned companies, enterprises and institutions who commit the crimes mentioned in the preceding two paragraphs for selfish ends shall be given a heavier punishment in accordance with the provisions of the first paragraph.