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Study on the Causality of Crime of Dereliction

Author: CaiQiangYi
Tutor: LiLanYing
School: Xiamen University
Course: Legal
Keywords: Dereliction of duty Causality Objective Imputation
CLC: D924.3
Type: Master's thesis
Year: 2008
Downloads: 226
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Abstract

The first part of this paper through a case raised the issue, pointed out that in practice, the identification of the causal relationship of dereliction of duty does not exist a unified model, but somewhat controversial. The causes of the dispute, and the ability to find a reasonable model, has a very important significance for both theory and practice. The second part of this paper is an overview of dereliction of duty, mainly elaborated the concept and characteristics of dereliction of duty, dereliction of duty and the dangers. Dereliction of duty, a default on the part of the staff of state organs not to perform or do not properly fulfill their duties required obligations, resulting in heavy losses to public property, the state and the interests of the people's behavior. Dereliction of duty crimes causing serious losses to the country and the people, back to serious personal injury or death, and may give rise to other crimes, should be severely punished by law. The third part of this article discusses the theoretical and the Penal Code of dereliction of duty causality causality theory, the causality of criminal law theory is the basis of dereliction of duty causality theory, have an important impact on how to identify the causality of dereliction of duty. For the investigation of the criminal law theory of causality, mainly by the foreign and domestic and abroad, some of the major effects of civil law \said, \Dereliction of duty causal relationship identification mode by Penal causality theory, also divided into several modes: inevitable, occasional causal relationship identified mode; identified mode by considerable theory; through the proximate cause theory identifies mode; through supervision and negligence theory mode the identified mode; identified by objective imputation theory. The various modes have a certain rationality, but also has some defects, defects of any theory are inevitable. Part IV of this article by earlier research, dereliction of duty causality proposed some new understanding, deemed the finding of a duty sin causal relationship should not causality and contingency the inevitability relationship confused, and secondly, dereliction of duty is a very important characteristic is that it is not as a sex during asserted, not only from a subjective fault finds its objective should also be on the omission of a combination, again, the complex causal relationship, should be treated differently, and finally, The purpose of the criminal law to combat crime should be read in conjunction with mode selection. Comprehensive consideration of each of the above factors, the paper argues that the objective imputation theory is more reasonable compared to other modes of dereliction of duty causality the finds should take this mode.

Study on the Causality of Crime of Dereliction

Abstract

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