公共行政视野下渎职犯罪主体分析-刑事诉讼法专业论文.docx

Abstract If you want to rule a country, you must rule your official at first. Strengthening the punishment to civil servant is not only the necessary part of socialist legal system construc tion, but also the inevitable demand of building a well-off society in china. Because of its Specificity, especially the feature of violation of public office, as well as Multiplicity of so cial relations, crime of malfeasance has a more extensive social harmfulness than general c riminal. The social contradictions caused by malfeasance will be more obvious, thus, it is t he high time to crack down the crime of malfeasance. Currently, our legislation on crime o f malfeasance are immature and unreasonable, moreover, since some inconformity exist be tween crime law and other law, there are some confusions happened in judicial practice, which lead that the law cannot guide judicial practice scientifically, thus, the punishment t o malfeasance are very passive. Therefore, this paper focuses on analyzing the subject of malfeasance, putting forward some confusion in judicial practice, giving some advices on the default in legislation and raising suggestions for improvement. This paper consists of f our chapters: the introduction part of this article reveals about background of the spirit of Party Central Committee strengthen the important punishment of malfeasance, expounds d ifficulties and challenges during the process of malfeasance investigation, as well as the pr esent situation of theory research, and discuss the methods used in this paper and the goal t he achieve through revising law. The second chapter discusses current legislation and conf usions during judicial practice, through analyzing the academic point of view, summarize t he essence of existing legislation. The third chapter lists four practice cases and makes a d etailed analysis, through using the theory of authority to define the subject of malfeasanc e in judicial practice, achieving a good effect in practice, and