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Casual Relation Research on Crime of Dereliction

Author: TangZhiFeng
Tutor: YuanLin
School: Southwest University of Political Science
Course: Legal
Keywords: Dereliction of duty Legal causal Control principles
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 68
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Abstract

Domestic criminal law scholars in dereliction of duty crime determination of causation basically reached a consensus, that the fact causal and the legal causal bunk mode identified. Factual causality condition standard level without too much objection, but difficult to investigating and identified it is difficult to form a consensus on the standard legal causality of dereliction of duty, to bring the troubled judicial practice, causing many suspected class criminal behavior The interlocutory off. The author hopes that by the start of dereliction of duty legal causality identified the problem, based on the analysis of the different identified theory, combined with judicial instance analysis, looking for a more reasonable dereliction of duty legal causality judgment method to judicial practice in successfully investigated for malpractice, criminal responsibility to achieve the purpose of the establishment of the offense. The first part of the two cases raise questions, pointed out that there is considerable controversy, the the identified causal Department of dereliction of duty on the judicial practice. Controversial because there is no uniform criteria, therefore, the ability to find a reasonable, uniform identification standards for the theory and practice of very important significance. The second part briefly describes the several theories of causality judgment of dereliction of duty in the main: the causal relationship and accidental causality theory, direct causality and indirect causality theory, causal interrupt theory quite causal theory, objective imputation theory supervision negligence theory, the above theory has a certain rationality, but there are some drawbacks, not better way to solve the judicial practice dereliction of duty sin causality identified. The third part of the main analysis judicial dereliction of duty determination of causation misunderstanding that the current study did not from dereliction of duty and sin on purpose starting study also did not pay attention to the from the imputation angle its causal relationship explore the nature of law and therefore discussion on this issue or theoretical transplant, it is difficult to draw convincing conclusions. In addition, the dereliction of duty crime focus to meet the blow need the neglect by a sin to determine the function of criminal law for the protection of human rights. Established for the purpose of Part IV from dereliction of duty, the Husak control principles introduced into the causality of dereliction of duty of the legal nature of the inquiry, to explain the theoretical basis of dereliction of duty causality Liability, and with other comparison of the theory, and illustrates the control principle of cause and effect relationship between the introduction of the offense of reasonable judgment. Premise distinguish between the sin facts the causal and laws of cause and effect, the manifestations of dereliction of duty causal redrawing. The fifth part of the first text analysis based on the causal relationship of dereliction of duty identified criteria for the specific identification method. Incriminate specific job duties range limited range of prevention and control of the perpetrator, the objective performance of their duties by the perpetrator condition, capacity, and subjective cognitive abilities, awareness of prevention, to determine the behavior of people and whether harm results between the presence of the control force; in the sin, the duties range from the perpetrator of the possibility of control of the harmful consequences exclusion judgments to draw reasonable trust in the principle of legitimate social can expect the perpetrator can be fined expect nature of the judgment, and recommended the use of the judicial practice, pay attention to the principle of criminal law Modesty.

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