(1) Case of abuse of power (article 397th)

The crime of abuse of power refers to the behavior that the staff of state organs exceed their powers, illegally decide or deal with matters that they have no right to decide or deal with, or deal with official duties in violation of regulations, resulting in heavy losses to public property, the state and the people's interests.

Suspected of one of the following circumstances, should be placed on file:

1, causing death 1 person or more, or seriously injuring more than 2 people, or seriously injuring 1 person, slightly injuring more than 3 people, or slightly injuring more than 5 people;

2, resulting in 10 people or more serious poisoning;

3. Causing direct economic losses of personal property of more than100000 yuan, or direct economic losses of less than100000 yuan, but indirect economic losses of more than 500000 yuan;

4. Causing direct economic losses of more than 200,000 yuan to the public property or the property of legal persons and other organizations, or the direct economic losses are less than 200,000 yuan, but the indirect economic losses are more than1000,000 yuan;

5. Although it fails to meet the standards of 3 and 4, the total direct economic loss of 3 and 4 is more than 200,000 yuan, or the total direct economic loss is less than 200,000 yuan, but the total indirect economic loss is more than/kloc-0.00 million yuan;

6, causing companies, enterprises and other units to suspend business, stop production for more than 6 months, or go bankrupt;

7. Failing to report, delaying reporting, making a false report or instigating, instigating or forcing others not to report, delaying reporting or making a false report, resulting in the continuation and expansion of the harmful results of serious accidents, or causing delays in rescue, investigation and handling;

8, serious damage to the national reputation, or cause adverse social impact;

9. Other circumstances that cause heavy losses to public property, the interests of the state and the people.

If a functionary of a state organ abuses his power and meets the constitutive requirements of the special crime of dereliction of duty stipulated in Chapter IX of the Criminal Law, he shall be investigated for criminal responsibility in accordance with the special provisions; If the subject does not meet the main requirements of the special crime of dereliction of duty stipulated in Chapter IX of the Criminal Law, but the abuse of power is suspected of one of the circumstances stipulated in Items 1 to Item 9 of the preceding paragraph, criminal responsibility shall be investigated for the crime of abuse of power in accordance with the provisions of Article 397 of the Criminal Law.

(2) Cases of dereliction of duty (397th)

The crime of dereliction of duty refers to the behavior of state functionaries who are seriously irresponsible, fail to perform or fail to perform their duties seriously, resulting in heavy losses to public property, the state and the people's interests.

Suspected of one of the following circumstances, should be placed on file:

1, causing death 1 person or more, or seriously injuring three people or two people or slightly injuring four people or seriously injuring 1 person or slightly injuring seven people or slightly injuring1person or more;

2, resulting in serious poisoning of more than 20 people;

3. Causing direct economic losses of personal property of more than150,000 yuan, or direct economic losses of less than150,000 yuan, but indirect economic losses of more than 750,000 yuan;

4. Causing direct economic losses of more than 300,000 yuan to public property or property of legal persons and other organizations, or direct economic losses less than 300,000 yuan, but indirect economic losses1500,000 yuan or more;

5. Although it fails to meet the standards of 3 and 4, the total direct economic loss of 3 and 4 is more than 300,000 yuan, or the total direct economic loss is less than 300,000 yuan, but the total indirect economic loss is more than1500,000 yuan;

6. Causing companies, enterprises and other units to stop business, stop production 1 year or more, or go bankrupt;

7. The staff of the customs and foreign exchange administration departments are seriously irresponsible, resulting in fraudulent purchase or evasion of foreign exchange of more than1000000 USD1000000 USD;

8, serious damage to the national reputation, or cause adverse social impact;

9. Other circumstances that cause heavy losses to public property, the interests of the state and the people.

State functionaries who neglect their duties and meet the constitutive requirements of the special crime of dereliction of duty stipulated in Chapter IX of the Criminal Law shall be investigated for criminal responsibility in accordance with the special provisions; If the subject does not meet the main requirements of the special crime of dereliction of duty stipulated in Chapter IX of the Criminal Law, but the dereliction of duty is suspected of one of the circumstances stipulated in Items 1 to Item 9 of the preceding paragraph, criminal responsibility shall be investigated for the crime of dereliction of duty in accordance with the provisions of Article 397 of the Criminal Law.

(3) The case of intentionally revealing state secrets (Article 398)

The crime of intentionally revealing state secrets refers to the serious behavior of state functionaries or non-state functionaries who violate the law on guarding state secrets, intentionally making state secrets known to those who should not know them, or deliberately making state secrets beyond the limited contact scope.

Suspected of one of the following circumstances, should be placed on file:

1, revealing top secret state secrets 1 item (piece) or more;

2, the disclosure of confidential state secrets 2 (pieces) or more;

3. More than 3 items (pieces) of state secrets at the secret level are disclosed;

4. Leaking the country to non-overseas institutions, organizations and personnel.