There are fifteen articles with "doing wrong for personal gains" words in China s Criminal Law and twelve of them occur in the Chapter of Malfeasance.

Crime of malfeasance refers to the act that a state functionary takes advantage of his position or abuse his authority,scrimshanks,disturbs daily activities of the state organs,which causes interest of the nation and the people to suffer from great losses.

To solve malfeasance behavior of the government officials, we put forward two methods, the one is designing incentive contract and the other is reconstructing organization s information structure.

The subject of malfeasance is government functionary.

Amended Criminal Law reduced the confines of subject of malfeasance and exposed disadvantages of legislation at the same time: (1) caused conflict between criminal substantive law and procedural law; (2) the arm of the law could not be severe; (3) caused perplexity in judicial practice and judicial interpretation exceeding authority because of ambiguity and inexactitude of legislation.

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.

The original crime,the cause of the crime of malfeasance,should be distinct guilty in the procedures and in essence,to understand the original crime better.

As to the plural crimes of malfeasance and bribery concerning other articles,by analyzing respectively the "securing benefit for other person" in the crime of bribery and the "practice favoritism" in the crime of malfeasance,this article gives the conclusion that there should be concurrent punishments for these crimes.

The crime of breach of duty concerning epidemical prevention and cure is categorized as a specific crime of dereliction of duty.

Great controversy exists in the studies of the subject constitution of dereliction of duty and problems abound in the practice of jurisdiction in the field.

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.