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The crime of dereliction of duty is a crime stipulated in the Criminal Law of People's Republic of China (PRC), which refers to the behavior of state staff who abuse their powers or neglect their duties, resulting in heavy losses to public property, the state and people's interests. Characteristics of the crime of dereliction of duty: (1) The subject is the staff of state organs. (2) The object of infringement is the normal activities of state organs. (3) The objective aspect can be both positive and negative, but the behavior must be closely related to the actor's position. (4) Subjectively, abuse of power and favoritism are mostly intentional, while dereliction of duty is mostly negligence.
Dereliction of duty refers to the behavior of staff who are not serious and responsible for their jobs and do not perform their duties according to regulations, causing losses to their own units. Losing storage may also constitute a crime. When the actor is a staff member of a state organ or a state-owned enterprise, dereliction of duty causes serious losses, which constitutes the crime of dereliction of duty. Characteristics of dereliction of duty: not serious and responsible for their own work, not performing their duties according to relevant regulations.
The main differences between the crime of dereliction of duty and the crime of dereliction of duty are as follows: the crime of dereliction of duty is a crime stipulated in China's criminal law, and it is an act in which the staff of state organs abuse their powers and neglect their duties, resulting in great losses to state property, public property and the interests of the state and the people; Dereliction of duty is the behavior of ordinary staff who are irresponsible for their work and cause losses to the unit. If the perpetrator of dereliction of duty is a staff member of a state organ, it constitutes a crime of dereliction of duty.
Question 2: What is the crime of dereliction of duty? The main body of the crime of dereliction of duty is the staff of state organs, who must be elected or appointed to engage in state affairs with real job rights. People who don't have the status of national staff can't be the subject of dereliction of duty. On the subject of the crime of dereliction of duty, there are debates about "identity theory" (whether the subject has the title of state functionary) and "authority theory" (whether the activity the subject is engaged in belongs to official activities and whether it performs the management function of state organs). In order to solve the dispute on the determination of the subject of the crime of dereliction of duty, the supreme judicial organ has made many explanations. For example, the Supreme People's Procuratorate's judicial interpretation points out that in administrative law enforcement agencies, staff managed by state organs who abuse their powers and neglect their duties in performing * * * administrative official activities, which constitutes a crime, should be recognized as staff of state organs. Regarding whether the contract police can become the subject of the crime of dereliction of duty, the Supreme People's Procuratorate replied that according to the provisions of the second paragraph of Article 93 of the Criminal Law, the contract police belong to other personnel engaged in official duties according to law and should be recognized as the staff of state organs. If the contract police's dereliction of duty in performing official duties according to law meets the constitutive requirements of the crime of dereliction of duty stipulated in Article 397 of the Criminal Law, they shall be investigated for criminal responsibility for the crime of dereliction of duty according to law, and so on. The Supreme People's Court's explanation of the subject of dereliction of duty also embodies the same spirit as the Supreme People's Procuratorate's. For example, the Supreme People's Court pointed out that a prison doctor who was appointed to be in charge of supervision was seriously irresponsible, which caused the detainees to escape and caused serious consequences, and should be convicted and punished in accordance with the second paragraph of Article 400 of the Criminal Law. (Beijing Shiguang Law Firm)
Question 3: What does the crime of dereliction of duty mean?
In our country, it refers to the behavior of state staff who abuse their powers, neglect their duties and engage in malpractices for personal gain, resulting in heavy losses to public property, the interests of the state and the people.
Question 4: What is the responsibility for dereliction of duty? It refers to the responsibility of professional service providers (such as medical personnel) or national staff who, in the process of performing their duties or exercising their functions and powers, cause injuries or losses due to dereliction of duty, abuse of power and malpractice for personal gain, resulting in heavy losses to state property and the interests of the state and the people.
Question 5: What is the crime of dereliction of duty? What is the specific performance? The crime of dereliction of duty refers to the behavior that the staff of state organs abuse their powers, neglect their duties, or abuse their power for personal gain, which violates the fairness, integrity and diligence of official duties, hinders the normal functional activities of state organs, and seriously damages the interests of the state and the people.
It is particularly important to note that according to the Interpretation on the Subject Application of the Crime of Dereliction of Duty in Chapter IX of the Criminal Law promulgated by the National People's Congress Standing Committee (NPCSC) on February 28th, 2002, people who are engaged in official duties in organizations that exercise state administrative functions and powers according to laws and regulations, or who are entrusted by state organs to exercise their functions and powers on behalf of state organs, or who are not included in the establishment of state organs but are engaged in official duties in state organs, have dereliction of duty.
Section 1 Crime of dereliction of duty by staff of general state organs
I. Crime of abuse of power
The crime of abuse of power refers to the abuse of power by the staff of state organs, which causes great losses to public property and the interests of the state and the people. The object of this crime is the normal management activities of state organs. Objectively speaking, it is abuse of power, causing great losses to public property and people's interests. The so-called abuse of power refers to the exercise of power beyond the scope of power or in violation of the purpose authorized by law and the procedure of exercising power. The subject of crime is a special subject, that is, the staff of state organs. The subjective aspect is negligence, that is, the actor should foresee that his abuse of power may cause great losses to public property, the interests of the country and the people, or have foreseen and believed that such great losses can be avoided, thus resulting in a serious irresponsible psychological attitude. The actor's abuse of power is intentional, but it is negligent for the occurrence of damage results.
Second, negligent crime.
The crime of dereliction of duty refers to the serious irresponsibility, non-performance or incorrect performance of duties by the staff of state organs, resulting in heavy losses to public property, the interests of the state and the people.
Third, the crime of intentionally revealing state secrets.
The crime of intentionally revealing state secrets refers to a serious act of state functionaries who intentionally reveal state secrets in violation of the provisions of the Law on Guarding State Secrets.
The object of this crime is the state secrecy system; Objectively speaking, it is a serious act of leaking state secrets in violation of the provisions of the Law on Guarding State Secrets. There are many ways to leak, no matter which way, it will not affect the establishment of this crime. The subject of crime is a special subject, that is, the staff of state organs. According to the provisions of the criminal law, non-state staff who commit this crime are also convicted and punished for this crime; The subjective aspect is intentional.
According to Article 398 of the Criminal Law, whoever commits this crime 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. Those who commit this crime against the staff of non-state organs shall be punished as appropriate in accordance with the above provisions.
Fourth, the crime of negligent disclosure of state secrets.
The crime of negligent disclosure of state secrets refers to the serious behavior of state staff who violate the provisions of the secrecy law and negligently disclose state secrets.
According to Article 398 of the Criminal Law, whoever commits this crime 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. Those who commit this crime against the staff of non-state organs shall be punished as appropriate in accordance with the above provisions.
Five, the staff of state organs were cheated because of dereliction of duty in signing and performing contracts.
The crime of being cheated because of dereliction of duty in signing and performing contracts refers to the act of being cheated because of serious irresponsibility in the process of signing and performing contracts, resulting in great losses to the national interests.
When determining the nature of such cases, we should pay attention to distinguish between this crime and the crime of being cheated in signing and performing contracts. The difference lies in the different disciplines. The subject of this crime is the staff of state organs, and the subject of the latter crime is the directly responsible person in charge of state-owned companies, enterprises and institutions.
According to Article 404 of the Criminal Law, whoever commits this crime 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.
Six, the crime of illegal approval of expropriation and occupation of land
The crime of illegally approving the requisition and occupation of land refers to the serious behavior of the staff of state organs who engage in malpractices for selfish ends and violate the land management regulations, and have no right or exceed their duties and powers to approve the requisition and occupation of land.
According to Article 4 10 of the Criminal Law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. & gt
Question 6: What does it mean that the procuratorate has been convicted of dereliction of duty and exempted from prosecution? Non-prosecution is the decision of the procuratorial organ not to transfer the case to the court for trial after reviewing the criminal case and considering it unsuitable for prosecution.
According to the provisions of China's criminal procedure law, non-prosecution refers to the decision made by the people's procuratorate not to submit the criminal suspect to the people's court for trial and pursue criminal responsibility according to law after reviewing the cases transferred by the public security organs and the cases ended by self-investigation, and believing that the criminal suspect's behavior does not meet the conditions for prosecution or does not need to be prosecuted. Non-prosecution is one of the results of the people's procuratorate's handling of cases according to law, and its nature is a kind of litigation punishment made by the people's procuratorate for criminal suspects who it deems should not be investigated, need not be investigated or cannot be investigated for criminal responsibility. Its legal effect lies in not submitting the case to the people's court for trial, thus terminating the criminal proceedings at the stage of examination and prosecution.
For the defendant who has constituted a crime but does not need to be sentenced or exempted from punishment according to law, the People's Procuratorate of China will decide to terminate the lawsuit without bringing it to the people's court for trial. The people's procuratorate may make a decision of exemption from prosecution for cases that have been terminated by its own investigation and cases that have been transferred to prosecution by public security organs after investigation.
Exemption from prosecution must meet two conditions:
(1) The defendant's behavior has constituted a crime and should bear criminal responsibility.
(2) The defendant has circumstances that do not need to be sentenced to punishment or exempted from punishment. There is no need to be sentenced to punishment, which means that the crime is minor, not harmful to society, and the attitude of pleading guilty is good.
Exemption from punishment includes the following nine situations:
(1) Whoever commits a crime outside China and should bear criminal responsibility according to the Criminal Law, but is punished in a foreign country.
(2) Deaf or blind people commit crimes.
(3) justifiable defense exceeds the necessary limit.
(4) Emergency avoidance exceeds the necessary limit.
(5) preparation for crime.
6. Stop crime.
⑦ * * Accessory who plays a secondary or auxiliary role in the same crime.
(8) Being coerced or tricked into participating in a crime.
(9) Having rendered meritorious service by surrendering after a minor crime or after a serious crime. For cases exempted from prosecution, a decision to exempt from prosecution must be made. The decision of exemption from prosecution shall be publicly announced, and the decision of exemption from prosecution shall be served on the defendant and his unit, as well as the victim and the public security organ that transferred the prosecution. If the defendant is detained, he should be released immediately. If the victim or defendant refuses to accept the decision, he may lodge a complaint with the people's procuratorate within 7 days after receiving the decision on exemption from prosecution, and the people's procuratorate shall inform the victim or defendant of the examination results (see No Prosecution). 1The Decision of the National People's Congress on Amending the Criminal Procedure Law of People's Republic of China (PRC) adopted in March, 1996 no longer provides for exemption from prosecution.
Question 7: The constitutive elements of the crime of dereliction of duty, and what is the meaning of the crime of dereliction of duty? Hello, the crime of dereliction of duty refers to the behavior that the staff of state organs take advantage of their positions or engage in malpractices for selfish ends, abuse their powers and neglect their duties, hinder the normal activities of state organs, damage the public's trust in the objective and fair activities of state organs, and cause great losses to the interests of the state and the people. The criminal law stipulates the crime of dereliction of duty in order to protect the normal activities of state organs and the public's trust in the objective and fair official activities of state organs.
The subject of the crime of dereliction of duty is limited to the staff of state organs. State organs include power organs and administrative organs.
The object of the crime of dereliction of duty is the normal activities of state organs. State organs include power organs, administrative organs, judicial organs, procuratorial organs and military organs.
Subjective elements The subjective aspect of the crime of dereliction of duty is mostly intentional, and a few are negligence. The specific content of intention and negligence varies with specific crimes. The crimes in this chapter have no purpose.
Objective Elements The objective aspect of the crime of dereliction of duty refers to the act of taking advantage of one's position or engaging in malpractices for personal gain, abusing one's power and neglecting one's duty, thus causing great losses to the interests of the country and the people. I hope I can help you adopt it.
Question 8: What do you mean by dereliction of duty? Dereliction of duty means that the person who has certain statutory or agreed duties fails to perform his duties, or makes serious mistakes in performing his duties. It refers to the behavior that the staff of state organs neglect their duties, abuse their powers and engage in malpractices for selfish ends in the process of performing their duties or exercising their functions and powers, causing injuries or losses, resulting in heavy losses to state property and the interests of the state and the people.
Other people who should do their duty but not do their duty will also be called dereliction of duty.