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天津港爆炸案发生之后,检察机关以玩忽职守罪、滥用职权罪对负有相应监管职责的国家机关工作人员进行立案侦查,这背后实质上是对监督过失理论的运用。监督过失应以修正的过失论为基础,监督者对危害结果应具有概括的预见可能性,在监督过失中,监督者的行为既可以表现为不作为,也可以表现为作为,被监督者的行为应当包括故意犯罪。同时,监督关系的本质在于监督者的支配性,应当否认平行的监督关系。具体到本案,玩忽职守罪和滥用职权罪均可作为监督过失的罪名,其区别在于前者是不作为,后者是作为。
After the explosion in Tianjin Port, the procuratorial organs investigated and prosecuted the staff of state organs who have the corresponding regulatory duties with dereliction of duty and abuse of official power. This is essentially behind the application of the theory of supervision and fault. The supervision of negligence should be based on a modified theory of negligence. The supervisor should have a general foreseeable possibility of the result of the harm. In supervising the negligence, the behavior of the supervisor may not only be manifested as omission, but also as the supervised Behavior should include intentional crime. At the same time, the essence of the supervisory relationship lies in the supervisor’s dominance, and the parallel supervisory relationship should be denied. Specific to this case, both dereliction of duty and abuse of power crimes can be used as a charge of supervision of negligence, the difference is that the former is omission, which is as.