渎职犯罪中“重大损失”包含间接经济损失的合理性质疑

“Significant Loss” in the Crime of Dereliction of Duty Includes the Reasonable Nature of Indirect Economic Loss

重大损失作为认定渎职犯罪的重要评价依据之一,其内涵与外延在刑法文本及相关司法解释中尚未有确定性解释。无论是刑法理论与司法实务,对于渎职犯罪行为与重大损失之间的因果关系考量尚未形成合理的评价体系;由检察机关反渎职部门确定间接经济损失数额的主体合理性也存在疑问。间接经济损失由于其是否具有渎职犯罪行为所造成重大损失的因果性及客观性难以衡量而不应全部纳入重大损失的评价范畴,对此可用经济损失概念作统一表述的方式达到刑法解释体系上的协调,以兼顾理论与实践之需。

As one of the important evaluation basis for the identification of the crime of dereliction of duty, the connotation and exten-sion of its connotation and extension in the criminal law text and the relevant judicial interpretation has not yet been explained in the def-inite interpretation. Whether the theory of criminal law and judicial practice, the causal relationship between the behavior of dereliction of duty and the major damage has not yet formed a reasonable evaluation system; by the procuratorial organs to determine the amount of in-direct economic losses of the main rationality of the main rationality of the procuratorial organs. Therefore, the indirect economic loss be-cause of the serious loss of the crime of dereliction of duty and the objective is difficult to measure and should not be included in the e-valuation of the major loss, which can be used in the concept of＂economic loss＂to include the indirect economic loss to achieve the coor-dination of criminal law.