实务中玩忽职守罪的认定

The Confirming of Crimes of Dereliction of Duty in Law Practices

玩忽职守罪的认定主要考虑两个因素:一是国家机关工作人员玩忽职守的行为与公共财产、国家和人民的利益遭受重大损失具有刑法意义上的因果联系;二是"公共财产、国家和人民的利益遭受重大损失"中"利益"的界定。"利益"应该是受法律保护的利益,如果是非法利益因国家机关工作人员玩忽职守的行为遭受损失,那就不构成玩忽职守罪。

Two factors are taken into account when to recognize the crimes of dereliction of duty. One is the act of the functionary of a State organ who neglects his duty in the criminal law sense has causal connection with the heavy loss to public money or property or the interests of the State and the people. The other is the definition of the heavy loss to public money or property or the interests of the State and the people. The ＂interests＂ here shall be protected by law. If not, the act cannot constitute the crime of dereliction of duty.