渎职罪立法缺陷与完善

随着新刑法的实施,我国现行渎职罪刑事立法的缺陷越来越明显,突出地表现为渎职罪的主体不尽科学、罪过形式不甚规范、客观方面有失妥当、罪刑处断有欠均衡。因此,使渎职罪的主体统一化、罪过形式分明化、客观方面科学化、罪刑处断协调化,是我国现行渎职罪刑事立法完善的重要方面。

On Crimes of Dereliction of Duty:Legislation Faults and Perfectings

With the executing of the new criminal law, the faults of the current criminal legislation of crimes of Dereliction of duty in our country are becoming more and more explicit, outstandingly showing up as the subjects of crimes of dereliction of duty is not all scientific, their forms of criminal fault is not very regular, their objective aspects is not suitable and their conductings between crimes and penalties is not commensurable.Therefore,unifying the subjects, distinguishing and clarifying the forms of criminal fault, making the objective aspects scientific and having the conductings between crimes and penalties harmonious are the important aspects of the perfectings,in current criminal legislation on crimes of dereliction of duty.