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Improvement of the Legislative Research Malfeasance

Author: WangRong
Tutor: ChuYuMing
School: Anhui University
Course: Legal
Keywords: dereliction of duty criminal legislation punishment
CLC: D924.393
Type: Master's thesis
Year: 2011
Downloads: 77
Quote: 1
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Abstract


Dereliction of duty as state personnel improper performance of duties in the form of crime, have serious than people think harmful to society. At the same time, it corruption, bribery and other ordinary criminal intertwined, showed multiple-prone situation, has become a serious form of corruption and crime, not only hinder the economic and social development, undermine social equity and justice, but also seriously damage the party and the government’s ability to govern, the ruling party easily lead to legality, legitimacy crisis. Preventing and combating crime of dereliction of duty must not be taken lightly. Therefore, the complete study of the legislative malfeasance, dereliction of duty to further curb the upward trend, maintaining the normal functioning of state organs and has a very good image of the important practical and far-reaching significance.Throughout the crime of dereliction of duty outside the criminal legislation in recent years, countries and regions for the crime of dereliction of duty to study and explore issues related to the deepening of development, but also the crime of dereliction of duty for the judicial practice of China’s criminal legislation and supported the work. The first foreign general regarded as a dereliction of duty in a job-related crimes, along with corruption and bribery as an extreme form of corruption should be seen. Second, the foreign Penal Code on the concept of crimes of dereliction of duty to use more broad classification, the definition is close to what we call the concept of job-related crimes. Again most of the countries of the Penal Code as dereliction of duty on the subject and scope of the concept of civil servants were detailed and clearly defined. In addition, criminal penalties for dereliction of duty strictly adhere to the spirit of dereliction of duty in the national legislation is more common.The crime of dereliction of duty by criminal legislation on foreign comparative study of China in the punishment of the main body of the crime of dereliction of duty, malfeasance form of sin, the objective aspect of crime, crime at fault, legal punishment, etc., there are a lot of need to improve and enhance the place. Outside the countries and regions in China have much to learn from good practice and experience. In order to better improve our legislative malfeasance, several aspects must be improved under:first, unified subject of the crime of dereliction of duty, the main body of the crime of dereliction of duty uniform will be changed to "public servants." While non-government workers in the state organs crime of dereliction of duty provisions of the chapter to be removed and the crime of dereliction of duty on the centralized units to be provided. second, the perfect form of the sins of the crime of dereliction of duty, "Criminal Law" should be expressly provided, respectively, intentional and negligent dereliction of duty. third, complete the objective aspect of the crime of dereliction of duty. The crime of dereliction of duty should be clearly defined objective aspect of the definition, specification, "serious", "adverse impact", "serious consequences" and other expressions of the meaning of the text and delete some of the excess described in clause text. fourth, the perfect crime and malfeasance at the break. Adhere to lex specialis or special law superior to the general law principles, the Implicated are "severely from a heavy and at off’, the practice of multiple crimes, the crime of dereliction of duty co-ordination of crime at fault. fifth, the perfect punishment to the crime of dereliction of duty changes. Appropriate crime of abuse and neglect of duty were increased the punishment to the crime of the standard, the crime of dereliction of duty for other specific provisions are also adjusted accordingly.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Crime of dereliction of duty
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