"The provisions of Supreme People s Procuratorate on the standard to malfeasance case" was formally announced and implemented on July 26,2006.

In the judicature practice,there is new chatacteristics and developing trend in malfeasance crime,which lets the work of investigating and handling cases be resticted by many factors such as the objective and subjective factors and faced all kinds of difficulties,it is seriously influenced the heathy development of the work of anti-malfeasance.

On the characteristics of dereliction of duty and countermeasures;

Accordingly,the victims of dereliction of duty and the possibility of particularity of great theoretical significance and practical significance.

This paper,based on the classification method of criminal negligence,pr ojecting the characteristics of crime of malfeasance,classifies crime of malfeas ance into three categories:malfeasance due to negligence of duties and malfeasan ce due to over-confidence of duties;factual negligence and legal negligence of d uties;pure negligence and non-pure negligence of duties.

When their capacity of subjects of joint crime of malfeasance are unconformity with their duties, can non-state functionaries be the perpetrators, instigators, organizers and accessories of crimes that committed by state functionaries? Can state functionaries instigate non-state functionaries? Such issues have been hotly debated both in legal theoretical and practical circles.

A person of non-status can be the accomplice in narrow sense of the crime of malfeasance, but not the coprincipal of the crime of malfeasance.

With extraordinary importance attached to crimes of dereliction of duty, the current Criminal Law has set up separate chapter for it, thus significantly increased the legislative length and content compared to 1979 Year Criminal Law.