“公错私罪”的认定与处理

Identification of “Public Wrong” and “Private Guilt”

对公务人员"好心办坏事"的行为是否应该查处,以及由此引申出来的公错与私罪的界限问题,是司法实务中经常遇到的难题。公错与私罪涉及罪与非罪的问题,正确区分两者事关法律的正确适用。认定某一行为是属于公错还是私罪,应考虑行为人主观上是否有具有罪过,行为人是否遵守程序规范,以及行为和危害结果的原因力大小等因素。

Whether a public service employee's'wrong doing resulted from good intention'should be prosecuted and,associated with this situation,whether it is a public wrong or a private guilt,have often been a tough issue in judicialpractice. Correct differentiation between public wrong and private guilt as well as between crime and non-crime is closelyrelated to the correct application of law. Whether an act is a public wrong or a private guilt is decided by whether the doeris subjectively guilty,whether he has strictly followed the required procedures,and how much the act has caused theharmful result.