论与拐卖妇女、儿童犯罪相关联的渎职犯罪构成要件的司法认定

不解救被拐卖、绑架妇女、儿童罪和阻碍解救被拐卖、绑架妇女、儿童罪的犯罪客体是国家机关解救被拐卖妇女、儿童的正常活动;犯罪主体是负有解救被拐卖妇女、儿童职责的国家机关工作人员,具体包括各级人民政府中主管解救工作的工作人员、公安机关中的工作人员,以及负有会同公安机关解救被拐卖妇女、儿童职责的其他单位中的工作人员。不解救被拐卖、绑架妇女、儿童罪的主观罪过形式既可以是故意,也可以是过失;阻碍解救被拐卖、绑架妇女儿童罪的主观罪过形式是故意。对本类犯罪的客观方面应结合最高人民检察院《关于渎职侵权犯罪案件立案标准的规定》的相关规定来理解。

On Judicial Cognizance of Constitutive Components of Crime of Dereliction of Duty Related with Women and Children Trafficking

Criminal objects of crime of obstructing efforts to rescue abducted and kidnapped women and children and crime of not rescuing abducted and kidnapped women and children are normal activities of rescue of abducted women and children done by state organs. Criminal subject is state staffs who take charge of rescue of abducted women and children, to be specific, it includes state staff in the people＇s governments at various levels who is in charge of rescue work, staff in public security organs as well as staff in other units who cooperates with public security organs to rescue abducted women and children. The subjective forms of crime of not rescuing abducted women and children are intentional and negligent behavior. The subjective forms of crime of obstructing efforts to rescue abducted and kidnapped women and children are intentional behavior. When it comes to objective aspect of this type of crime, we need to understand it combined with The Provisions of Legal Standards in Crime of Malpractice and Infringement.