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Legal Analysis: Dereliction of duty refers to the dissipation of the interests of the state and the people by taking advantage of their positions or twisting the law for personal gain, abusing their powers, or dereliction of duty, obstructing the normal activities of state organs, undermining the public's trust in the objectivity and fairness of the official activities of state organ functionaries, and causing major losses to the interests of the state and the people.
Legal basis: "Criminal Law of the People's Republic of China" Article 397: Where a functionary of a state organ abuses his or her authority or neglects his duties, causing major damage to public property or the interests of the state and the people, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment. Where this Law provides otherwise, follow those provisions.
Where employees of state organs twist the law for personal gain and commit the crimes described in the preceding paragraph, they are sentenced to up to five years imprisonment or short-term detention; where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment. Where this Law provides otherwise, follow those provisions.
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1. What is malfeasance?
1. Dereliction of duty includes: abuse of power, dereliction of duty, twisting the law for personal gain, divulging state secrets, secretly releasing criminals, imitating others to rescue victims, kidnapping, children, and helping criminals evade punishment, causing major losses to public property and the interests of the state and the people.
2. The legal basis is Article 397 of the Criminal Law of the People's Republic of China.
Where employees of state organs abuse their authority or derelict their duties, causing major losses to public property or the interests of the state or the people, they are to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment. Where this Law provides otherwise, follow those provisions. Where a state organ employee commits a crime by favoritism, he shall be sentenced to up to five years imprisonment or short-term detention; where the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given; where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment.
Where this Law provides otherwise, follow those provisions.
II. The subject of the crime of dereliction of duty includes the following persons.
1. Employees of state organs;
2. Personnel engaged in public affairs in organizations entrusted by state organs to exercise their functions and powers on behalf of state organs;
3. Personnel engaged in public affairs in organizations exercising state administrative functions and powers in accordance with laws and regulations;
4. Personnel who are not included in the personnel establishment of state organs but are engaged in public affairs in state organs;
5. Other personnel.
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Dereliction of duty refers to the abuse of power, dereliction of duty, or favoritism by the functionaries of state organs, obstructing the normal management activities of state organs, and causing serious losses to the interests of the state and the people. The Criminal Law stipulates that a functionary of a state organ who abuses his power or neglects his duty shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; where the circumstances are especially serious, the sentence is to be between one and seven years imprisonment.
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