Legal analysis
In judicial practice, public security organs have the responsibility of detaining and guarding criminal suspects. Any staff member of the public security organ who neglects his duty and causes the criminal suspect to escape shall bear the responsibility for dereliction of duty. The crime of dereliction of duty is an act in which the staff of state organs are seriously irresponsible in their work, resulting in great losses to public property, the interests of the state and the people. According to China's criminal law, it is a crime of dereliction of duty. The main characteristics of this crime: the subject of the crime must be the staff of state organs. Subjectively, due to the negligence of the actor's position, such as negligence, overconfidence, AWOL, etc. Objectively speaking, due to the actor's failure or incorrect performance of due obligations, it has caused great losses to public property, the interests of the state and the people. Dereliction of duty refers to serious irresponsibility, failure to perform duties or improper performance of duties. Non-performance refers to the behavior that the actor should perform and has the conditions and ability to perform his duties, but fails to perform his duties in violation of his duties, including the act of leaving his post without permission; Incorrect performance means that in the process of performing duties, it violates the provisions of duties and is careless. Because different national staff have different responsibilities, and the responsibilities of the same national staff in different periods and under different conditions are not necessarily the same, there are various concrete manifestations of dereliction of duty. The form of responsibility is negligence. On many occasions, the actor is subjectively a kind of supervisory fault, which is mainly manifested in the fact that the person directly responsible for supervision did not implement the supervisory behavior, which led to the occurrence of the result.
legal ground
Article 397 of the Criminal Law of People's Republic of China (PRC), any functionary of a state organ who abuses his power or neglects his duty, thus causing heavy losses to public property and the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where there are other provisions in this Law, such provisions shall prevail. Any functionary of a state organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Where there are other provisions in this Law, such provisions shall prevail.