查办渎职犯罪中常常遇到的一个难题就是对于被查办人的职权职责不明,特别是涉及到一些煤矿安全生产、小型作坊的日常生产过程中,因为正式的法律法规的缺乏,行业标准的不明,导致在产生较为严重的损害后果之后,相关责任人相互推诿,以责任不明为自己推诿,相关领导也以此来为自己的下属辩护。针对上述情况,对司法工作者提出一个尖锐的问题,一些地方性法规的规定能否成为渎职犯罪“职权、职责”之“法”的标准,如果可以,它们应该满足什么条件,本文就是对上述问题进行思考和解答。 One of the problems often encountered in investigating crimes of dereliction of duty is that the duties and responsibilities of the investigated person are unclear. In particular, in the daily production process of some coal mine safety production and small workshops, because of the lack of formal laws and regulations and the unclear standards of the industry, As a result, after the consequences of more serious damage have occurred, the responsible persons push each other out and blame others for their unclear responsibilities. Relevant leaders also defend their subordinates. In response to the above situation, the judicial workers are asked a sharp question. Will the provisions of some local laws and regulations become the standard for dereliction of duty, if they can, what conditions they should meet, This article is to think and answer the above questions.