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从宏观角度考察,现行渎职罪立法存在着诸多缺陷,应该做以下完善:将渎职罪的犯罪主体修改为“公务员”;进一步完善滥用职权罪和玩忽职守罪立法;取消将“徇私”、“徇情”或“徇私舞弊”作为相关渎职罪的一个构成要件的规定,而作为渎职罪从重量刑情节;削减渎职罪中一些不必要的特别条款,以精减渎职罪的具体罪名;重新合理配置渎职罪的法定刑。
From a macro perspective, there are many shortcomings in the existing legislation on malfeasance and should be improved as follows: the main body of crime of dereliction of duty should be changed to “civil servant”; the legislation of abuse of power and neglect of duty should be further perfected; the law of " As a component of the relevant offense of dereliction of duty, from the circumstances of the weight penalty as a crime of detention; and to reduce some unnecessary special provisions in the crime of dereliction of duty in order to reduce the crime of dereliction of duty Specific charges; re-allocation of legal punishment for dereliction of duty.