Dereliction of duty and dereliction of duty have similar literal meanings, and they are not due diligence. The difference in criminal law is only the difference in usage. The crime of dereliction of duty is the general name of specific chapters, and it is related to specific charges.
The crime of dereliction of duty: refers to the behavior that the staff of state organs abuse their powers, neglect their duties, engage in malpractices for selfish ends, hinder the normal management activities of state organs, and cause serious losses to the interests of the state and the people.
The crime of dereliction of duty is not a crime, but a classification of crimes in the specific provisions of the criminal law, which is listed in Chapter 9 of the specific provisions. * * * There are 33 crimes, and the word "dereliction of duty" is used in seven crimes in Chapter 9, for example, the crime of dereliction of duty causing detainees to escape, the crime of dereliction of duty by staff of state organs in signing and performing contracts, the crime of dereliction of duty in environmental supervision, the crime of dereliction of duty in the prevention and control of infectious diseases, the crime of dereliction of duty in commodity inspection and animal and plant quarantine, and the crime of dereliction of duty causing damage and loss of precious cultural relics.
The difference between dereliction of duty and dereliction of duty? 5 points
The difference between dereliction of duty and dereliction of duty
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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.
On the crime of dereliction of duty
Hello:
The so-called crime of dereliction of duty does not exist alone, and the related crimes include: dereliction of duty of state functionaries in signing and performing contracts, dereliction of duty in environmental supervision, dereliction of duty in the prevention and control of infectious diseases, dereliction of duty in commodity inspection, dereliction of duty in animal and plant quarantine, loss of precious cultural relics, etc.
But it may constitute a crime of dereliction of duty: the characteristics of the crime of dereliction of duty are: first, the subject of the crime is a special group, that is, the staff of state organs (non-state organs can only constitute one crime, that is, the crime of revealing state secrets stipulated in Article 398 of the new Criminal Law).
The so-called state organs include power organs at all levels, administrative organs at all levels, judicial organs at all levels and military organs at all levels.
Now you need to prepare relevant materials that your father is not directly related to this matter. This is not a conspiracy, and there is no fault.
Good luck with everything.
Lawyer Li 149 16967
How many years can I get for dereliction of duty?
Dereliction of duty and dereliction of duty have similar literal meanings, and they are not due diligence. The difference in criminal law is only the difference in usage. The crime of dereliction of duty is the general name of specific chapters, and it is related to specific charges.
The crime of dereliction of duty: refers to the behavior that the staff of state organs abuse their powers, neglect their duties, engage in malpractices for selfish ends, hinder the normal management activities of state organs, and cause serious losses to the interests of the state and the people.
The crime of dereliction of duty is not a crime, but a classification of crimes in the specific provisions of the criminal law, which is listed in Chapter 9 of the specific provisions. * * * There are 33 crimes, and the word "dereliction of duty" is used in seven crimes in Chapter 9, for example, the crime of dereliction of duty causing detainees to escape, the crime of dereliction of duty by staff of state organs in signing and performing contracts, the crime of dereliction of duty in environmental supervision, the crime of dereliction of duty in the prevention and control of infectious diseases, the crime of dereliction of duty in commodity inspection and animal and plant quarantine, and the crime of dereliction of duty causing damage and loss of precious cultural relics.
The characteristics of the crime of dereliction of duty are as follows: 1. The subject of the crime is a special group, that is, the staff of state organs (there is only one crime that non-state organs can constitute, that is, the crime of revealing state secrets stipulated in Article 398 of the new Criminal Law).
Secondly, the crime of dereliction of duty has both intention and negligence subjectively. Among them, dozens of crimes can be divided into three categories: 1, which can only constitute intentional crimes, accounting for the vast majority of dereliction of duty crimes, such as bending the law for selfish ends and releasing detainees without permission. 2. Crimes that can only be constituted by negligence; 3. Crimes that can be constituted by intention and negligence.
Third, the object of the crime of dereliction of duty is the normal activities of state organs. The so-called state organs include power organs at all levels, administrative organs at all levels, judicial organs at all levels and military organs at all levels.
Fourth, dereliction of duty can be implemented in the form of "act" or "omission", but no matter which form, the behavior of the actor is closely related to his position.
How to identify the crime of dereliction of duty of state-owned companies, enterprises and institutions, and how to sentence it?
The object of this crime is the property rights and interests of state-owned companies and enterprises and the socialist market economic order. State-owned companies and enterprises play an important role in social and economic life. The staff of state-owned companies and enterprises deviate from the basic principles of market activities and engage in malpractices for selfish ends, which will inevitably undermine the normal activities of state-owned companies and enterprises, harm the interests of the country and the people, and thus undermine the socialist market economic order. (II) Objective Elements of the Crime of Abuse of Power by Personnel of State-owned Companies, Enterprises and Institutions This crime is objectively manifested in the acts of abuse of power by staff of state-owned companies and enterprises, which leads to bankruptcy or serious losses of state-owned companies and enterprises, and the acts of abuse of power by staff of state-owned institutions, which leads to heavy losses of national interests. As far as the direct executives of state-owned companies and enterprises are concerned, they mainly have the following performances: they don't respect objective economic laws, don't do feasibility analysis and demonstration of market demand, don't listen to opinions from all sides, and act arbitrarily, leading to major mistakes in business decisions; Management confusion, imperfect rules and regulations, turning a deaf ear to the illegal and criminal phenomena of harming the public and enriching the private, turning the public into private, embezzling, encroaching, dividing up and misappropriating the company and enterprise property; Failing to take the initiative to report the case to the judicial organ in time after being cheated for various reasons in economic exchanges; Speculation of stocks and futures with enterprise funds in violation of regulations; Approving loan funds in violation of regulations, etc. This crime is a consequential offense and an act of favoritism. Only when state-owned companies and enterprises go bankrupt or suffer serious losses, and the national interests (staff of state-owned companies and enterprises) suffer heavy losses, will it constitute a crime. The so-called serious loss means that the losses of state-owned companies and enterprises are enough to make them lose the ability to pay off their due debts. There are many reasons for serious losses, including poor management, natural and man-made disasters, force majeure and so on. However, the "serious loss" that constitutes the objective aspect of this crime can only be caused by the dereliction of duty of the directly responsible person in charge of the enterprise. The so-called bankruptcy refers to the behavior of state-owned companies and enterprises that are unable to pay off their debts due to serious losses and are declared bankrupt by the people's court according to law upon the application of creditors or debtors. The so-called insolvency here refers to the objective state that state-owned companies and enterprises lack the ability to pay off debts. The debtor is generally unable to pay off the debts that have expired, and the creditor requests to pay off for a certain period of time (non-individual circumstances) and continue (non-temporary or short-term circumstances). Here we should pay attention to the following four issues: (1) correctly identify solvency. Liquidity usually consists of capital, credit and productivity (technology, equipment and materials, labor, etc.). ). Only when these three conditions are not met at the same time and there is a lack of ability to continue to pay off debts can it be considered insolvent. (2) The debt that cannot be paid off must be the debt that has expired and the creditor demands that it cannot be paid off; (3) The debts that cannot be paid off must be general and persistent. The so-called general means that there are many repayment objects, not a single creditor. The so-called sustainability refers to the sustainability of inability to repay, which must last for a long time. Because the capital turnover can not be paid off temporarily, it can not be considered insolvent; (4) Insolvency is an economic state that the debtor can't pay off objectively. It has nothing to do with the debtor's subjective judgment and will, and is different from the debtor's intentional stop. The act of engaging in malpractices for selfish ends must also cause great losses to the national interests in order to constitute this crime. Generally speaking, it has caused bankruptcy and serious losses of state-owned companies and enterprises, that is, it has caused great losses of national interests, but it still needs further identification by the competent authorities. (III) Subject elements of the crime of abuse of power by personnel of state-owned companies, enterprises and institutions The subject of this crime is a special subject, that is, the staff of state-owned companies, enterprises and institutions, and other subjects do not constitute this crime. (IV) Subjective elements of the crime of abuse of power by personnel of state-owned companies, enterprises and institutions The subjective aspects of this crime can only be constituted by indirect intention and negligence. Although the actor's behavior has direct intention, it is not direct intention for the result of causing great losses to the national interests, that is, he does not want state-owned companies and enterprises to go bankrupt or suffer serious losses. Most of the damage results are due to negligence, and indirect intention is not excluded.
Standards for filing crimes of dereliction of duty by personnel of state-owned companies, enterprises and institutions
Staff of state-owned companies, enterprises and institutions are seriously irresponsible and should be prosecuted if they are suspected of one of the following circumstances: 1, causing direct economic losses of more than 500,000 yuan to the country; 2 leading to the suspension of production and bankruptcy of state-owned companies and enterprises; 3. Cause adverse effects.
Under what circumstances do industrial and commercial administrative personnel belong to dereliction of duty?
Types of dereliction of duty cases:
Crime of dereliction of duty (Article 397 of the Criminal Law)
The crime of dereliction of duty refers to the behavior of state functionaries who are seriously irresponsible, fail to perform or fail to perform their duties seriously, resulting in heavy losses to public property, the interests of the state and the people.
The crime of dereliction of duty is a negligent crime, which fails to perform its corresponding responsibilities seriously and perfunctory things, resulting in great losses to public property, the interests of the state and the people. This crime is consequential, and it can only be constituted if there is a "heavy loss" consequence.
Suspected of one of the following circumstances, it shall be placed on file:
1, causing more than 1 person to die, or seriously injuring more than 3 people, or slightly injuring more than1person;
2, resulting in direct economic losses of more than 300 thousand yuan, or direct economic losses of less than 300 thousand yuan, but indirect economic losses of more than 6.5438+0 million yuan;
3, favoritism, resulting in direct economic losses of more than 200 thousand yuan;
4. Causing relevant companies, enterprises and other units to stop production, suffer serious losses or go bankrupt;
5, serious damage to the national reputation, or cause adverse social impact;
6. Other circumstances that cause heavy losses to public property and the interests of the state and the people;
7, favoritism, with one of the above circumstances.
What's the difference between dereliction of duty and dereliction of duty?
Dereliction of duty and dereliction of duty have similar literal meanings, and they are not due diligence.
The difference in criminal law is only the difference in usage. The crime of dereliction of duty is the general name of specific chapters, and it is related to specific charges.
The crime of dereliction of duty: refers to the behavior that the staff of state organs abuse their powers, neglect their duties, engage in malpractices for selfish ends, hinder the normal management activities of state organs, and cause serious losses to the interests of the state and the people.
The crime of dereliction of duty is not a charge, but a classification of charges in the specific provisions of the criminal law, which is listed in Chapter 9 of the specific provisions. There are 33 charges in total.
In Chapter 9, the word "dereliction of duty" is used in seven crimes.
For example, the crime of dereliction of duty leads to the escape of detainees.
Crime of dereliction of duty by state staff in signing and performing contracts
Environmental supervision and dereliction of duty crime
Crime of dereliction of duty in prevention and treatment of infectious diseases
Negligent inspection
Negligence in animal and plant quarantine
Crime of dereliction of duty causing damage and loss of precious cultural relics
Legal provisions on the crime of dereliction of duty committed by personnel of state-owned companies, enterprises and institutions
Article 168 of the Criminal Law of People's Republic of China (PRC) * * * Any employee of a state-owned company or enterprise who causes heavy losses to the interests of the state 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. (Article 2 of the First Amendment) Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Obstruction of the Prevention and Control of Sudden Infectious Diseases. Article 4 In the prevention and control of sudden infectious diseases and other disasters, the staff of state-owned companies, enterprises and institutions are seriously irresponsible or abuse their powers, resulting in bankruptcy or serious losses of state-owned companies and enterprises. Those who cause great losses to the interests of the state shall be convicted and punished for the crime of dereliction of duty or abuse of power by personnel of state-owned companies, enterprises and institutions in accordance with the provisions of Article 168 of the Criminal Law. The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases Disrupting the Management Order of the Telecommunication Market Article 6 If a staff member of a state-owned telecommunication enterprise is seriously irresponsible or abuses his power, resulting in bankruptcy or serious losses of the state-owned telecommunication enterprise and heavy losses of the national interests, he shall be convicted and punished in accordance with the provisions of Article 168 of the Criminal Law. The Supreme People's Court's Explanation on How to Identify Personnel of State-owned Holding and Shareholding Companies in China; Personnel appointed by state-owned companies and enterprises to engage in official business in state-owned holding and shareholding companies are regarded as personnel of state-owned companies and enterprises.
What is the crime of dereliction of duty and infringement?
Question:? What does the crime of dereliction of duty mean? The crime of dereliction of duty refers to the crime of infringing on citizens' personal rights and interests and the crime of dereliction of duty of state functionaries under the jurisdiction of procuratorial organs as stipulated in Chapter IV and Chapter IX of the Specific Provisions of Criminal Law. Its legal meaning refers to the behavior that the staff of state organs abuse their powers, neglect their duties, engage in malpractices for selfish ends, or use their powers to infringe upon citizens' personal rights and interests, interfere with the normal management order and activity order of state organs, resulting in the infringement of citizens' personal rights and interests, heavy losses to the interests of the state and the people, or serious damage to the reputation of state organs. The crime of dereliction of duty includes: the crime of abuse of power, dereliction of duty, intentional disclosure of state secrets, negligent disclosure of state secrets, bending the law for selfish ends, bending the law in civil administrative cases, execution of judgments and rulings, dereliction of duty, execution of judgments and rulings, abuse of power, unauthorized release of detainees, dereliction of duty causing detainees to escape, bending the law for selfish ends, commutation and parole, temporary execution outside prison, and bending the law for selfish ends. Crime of not collecting or underpaying taxes for personal gain, crime of selling invoices for personal gain, tax deduction and export tax rebate, crime of illegally providing export tax rebate vouchers, crime of defrauding state staff to sign and perform contracts, crime of illegally issuing forest cutting licenses, crime of dereliction of duty in environmental supervision, crime of dereliction of duty in prevention and control of infectious diseases, crime of illegally approving land requisition and occupation, Crime of illegally transferring the right to use state-owned land at a low price, crime of smuggling, crime of practicing favoritism in commodity inspection, crime of dereliction of duty in commodity inspection, crime of practicing favoritism in animal and plant quarantine, crime of indulging in manufacturing and selling fake and inferior commodities, crime of stealing entry and exit certificates of people crossing the country (border), crime of letting people cross the country (border), crime of not rescuing abducted women and children, crime of obstructing the rescue of abducted women and children, crime of helping criminals escape punishment, and crime of recruiting civil servants and children. Crimes against citizens' personal rights and interests by taking advantage of their powers include: illegal detention, illegal search, extorting confessions by torture, violent evidence collection, ill-treatment of detainees, retaliation and framing, and sabotage of elections. The crime of dereliction of duty has the following four remarkable characteristics: First, the crime of dereliction of duty violates the normal activities of state organs. State organs here include state power organs, administrative organs, procuratorial organs, judicial organs and military organs. Second, the crime of dereliction of duty is manifested in the dereliction of duty committed by the staff of state organs by taking advantage of their positions. It can be expressed as action or inaction. The staff of state organs include those who are engaged in official duties in state power organs, administrative organs, judicial organs, procuratorial organs and the military at all levels according to law; China organs at all levels and the people's Political Consultative Conference in China engaged in public affairs; Personnel engaged in public service in organizations exercising state administrative functions and powers in accordance with laws and regulations, or in organizations entrusted by state organs to exercise their functions and powers on their behalf, or in state organs, although not included in the establishment of state organs, are also staff members of state organs when exercising their functions and powers on their behalf. Some dereliction of duty crimes can be composed of units. Third, most of the crimes of dereliction of duty are intentional, and a few are negligence. Some crimes can be constituted by intention or negligence. Fourth, the crime of dereliction of duty must be serious or cause serious consequences.