徇私是证明徇私类渎职犯罪成立的当然对象,却因其归属于主观动机的性质而成为司法实务证明的难题。推定规则的运用可以实现对徇私的有效认定,即配置徇私情节的证明责任给被告一方,控诉方只需证明被告人故意实施了渎职行为即可认定渎职犯罪成立。 Smuggling is a natural object proving the establishment of private malfeasance crimes, but it has become a difficult issue in judicial practice because of its nature as a subjective motive. The application of the presumption rule can realize the effective identification of selfishness, that is to say, the burden of proof on the personal circumstances of the disposition is given to one of the defendants. The prosecutor only needs to prove that the defendant intentionally implemented the dereliction of duty to establish the crime of dereliction of duty.