Abstract:

Few researches have been done on malfeasance in the field of duty crimes in universities. One of the reasons is that there exist divergences from the perspective of theory and judicial practice on whether university staff are subjects of malfeasance crimes. Explanation on Several Questions of Law Application in Malfeasance Criminal Cases issued by Supreme People’s Court and Supreme People’s Procuratorate was in effect on January 9, 2013. The Explanation extends the definition of “subject”, and stipulates that university staff can be criminal subjects when exercising their power authorized by government. By analyzing the definition of malfeasance crime and relevant judicial interpretations, this paper explores ways of malfeasance crime subject identification in universities. It also summarizes some common situations, features and precautions of malfeasance crimes based on the university situation. We hope to provide valuable and vivid reference for the current mass line education activity when the Communist Party of China fights against formalism, bureaucratism, hedonism and extravagance.

Key words: malfeasance crime, subject of malfeasance crime, university staff, malfeasance crime in universities, precaution;