What does "dereliction of duty" mean?

The crime of dereliction of duty refers to the crime of dereliction of duty by state agency staff who take advantage of their positions or engage in malpractice for personal gain, abuse their powers, neglect their duties, hinder the normal activities of state agencies, damage the public's trust in the objectivity and impartiality of their performance of duties, and cause heavy losses to the interests of the country and the people. behavior.

The crime of dereliction of duty includes:

1. The crime of abuse of power refers to the crime of state agency staff deliberately exceeding their powers or failing to perform their duties, resulting in heavy losses to public property, the interests of the country and the people. Behavior;

2. The crime of dereliction of duty refers to the serious irresponsibility of state agency staff who fail to perform or incorrectly perform their duties, resulting in heavy losses to public property, the interests of the country and the people;

< p>3. The crime of bending the law for personal gain refers to the crime of judicial staff and relevant state staff taking advantage of the convenience and power of their positions to knowingly cause them to be prosecuted when they are innocent, and deliberately shielding guilty persons from being prosecuted, or deliberately misrepresenting Conducting wrongful and unfair judgments; or taking advantage of their positions to shield and harbor economic criminals, etc. , conceal or cover up the facts of one's crime;

4. The crime of bending the law for personal gain means that judicial staff bend the law for personal gain, knowing that they are innocent and causing them to be prosecuted, knowing that they are guilty and deliberately covering up so that they will not be prosecuted , or deliberately violate the facts and the law in criminal trial activities and conduct unlawful judgments. The object of this crime is the normal activities of the country's judicial organs.

Objectively speaking, it is an act of bending the law for personal gain in criminal proceedings. The subject of this crime is a special subject, that is, the judicial staff. Subjectively, it is intentional, and negligence does not constitute this crime. The Criminal Law stipulates that anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years.

Article 397 of the "Criminal Law of the People's Republic of China" who abuses his power or neglects his duties, causing serious losses to public property, the interests of the country and the people, shall be sentenced to fixed-term imprisonment of not more than three years or Criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If this law provides otherwise, such provisions shall prevail.

Whoever engages in malpractice for personal gain and commits the crime in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. If this law provides otherwise, such provisions shall prevail.