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刑法实施后,我们结合司法实践展开了调研,发现并掌握渎职类案件具有:犯罪主体的特殊性、侵犯客体的复杂性、案件事实的交错性、徇私舞弊的隐蔽性、当事人之间的利益纠合性、危害结果的严重性等特征。这些特征涉及:一是面广。有司法机关、又有行政执法机关。既有司法权,又有行政执法权的行使;二是层次多。有执法层面的事实、又有违法层面的事实、更有被规避的事实;三是利益主体复杂。有执法主体的利益、又有违法主体的利益、有的还有部门主体等主体的利益。致使查处渎职类案件具有:线索发现难,证据收集难,定性处罚难等特点。本文主要论述了渎职罪案的现状、产生原因以及对策与思考。
After the implementation of the Criminal Law, we conducted investigations in the light of judicial practice, and discovered and mastered the cases of dereliction of duty cases: the particularity of the criminal subject, the complexity of the infringing object, the staggering of the facts of the case, the concealment of favoritism and the fraudulentness of the interests of the parties involved Sex, the seriousness of the results and other characteristics. These features involve: First, a wide range. There are judicial organs, as well as administrative law enforcement agencies. Both the judicial power, but also the exercise of the power of administrative law enforcement; Second, many levels. There are facts of law enforcement level, there are illegal facts, more facts to be circumvented; Third, the interests of the main complex. The interests of law enforcement subjects, but also the interests of the main illegal, and some subjects such as departmental interests. Resulting in the investigation of cases of dereliction of duty: clues found difficult, evidence collection difficult, difficult to determine the characteristics of qualitative punishment. This article mainly discusses the status of dereliction crime, its causes and countermeasures.