Malpractice and Infringement Crime Cases - Determination, Filing Standards, Legal Basis, and Interpretations

Author: Tao Yang
Publisher:
Publish Date: 2006-09-01
Features: To address the issue of inconsistent case filing standards for dereliction of duty and infringement cases in practice, the Supreme People's Procuratorate issued the "Regulations on the Case Filing Standards for Criminal Cases of Dereliction of Duty and Infringement of Rights" on July 26. This interpretation specifies the case filing standards for 42 offenses of dereliction of duty and infringement of rights stipulated in the Criminal Law, providing an important legal instrument and basis for the procuratorial organs' anti-dereliction of duty and anti-infringement of rights work. Of course, the promulgation of the new interpretation does not mean it can solve the series of problems currently encountered in handling dereliction of duty and infringement cases. In light of this, our publishing house has organized relevant experts from academia and the practical field to compile this book based on the provisions of the Criminal Law and referencing the interpretation, drawing on the latest academic research, with the hope of providing some reference and guidance for understanding the interpretation. The book exhibits the following features:
1. Grasping the Frontier of Theory: The book incorporates the latest research findings and authoritative views on dereliction of duty and infringement of rights crimes in the field of criminal law, discarding outdated and obsolete perspectives. It combines the "Regulations on the Case Filing Standards for Criminal Cases of Dereliction of Duty and Infringement of Rights" and adopts the latest authoritative views to interpret the regulations.
2. Closely Linked to Judicial Practice: The book primarily focuses on legal annotations, but also addresses the difficult issues encountered in the investigation and handling of dereliction of duty and infringement cases, particularly clarifying the distinctions between some easily confused offenses in practice, making it highly practical.
3. Emphasis on Key Issues: The book primarily explains the relevant issues of dereliction of duty and infringement of rights crimes, but covers less on offenses rarely used or with few problems in judicial practice. The purpose is to focus on in-depth and detailed analysis and argumentation of offenses with frequent difficulties in judicial practice, meeting the needs of judicial practice.
4. Comprehensive Coverage: The book is based on but not limited to the "Regulations on the Case Filing Standards for Criminal Cases of Dereliction of Duty and Infringement of Rights." It also includes the Criminal Law and other relevant interpretations, as well as issues such as the constitutive elements of crimes in criminal law theory. It provides both theoretical elaborations and relevant legal grounds, with a relatively complete structure.
We hope that through the joint efforts of the compilers and publishers, this book can provide readers with some valuable references and insights. Of course, the book is inevitably incomplete, and we kindly ask readers for their understanding and to offer valuable suggestions. Any revisions will be made in future editions.