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Introductory Research on the Causal Relationship of Crime of Malfeasance

Author: WangCongYing
Tutor: ChenShiWei
School: Southwest University of Political Science
Course: Legal
Keywords: Crime of dereliction of duty Causation of Criminal Law Malfeasance causality
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 83
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Abstract


Penal causality research has always been a key issue in the study of foreign criminal law theory , the purpose of the criminal law - designed to protect the legal interests from infringement of view, the thrust of the criminal law of causality research is to define the scope of responsibility of harmful behavior . Therefore , critical to the study of the the Penal Code causal relations , to provide an objective basis for criminal liability . Dereliction of duty as an important class crimes of the Penal Code , the causality judgment of its criminal law, except with the basic position of the Criminal Code of causality judgment , but also need to consider the special nature of the malfeasance , combined with the judge . Through the analysis of GONG Xiao dereliction of duty case classic case , combined with the theory of the Criminal Law , a certain level of related legal issues , and to provide a reference for the offense of misconduct causality identified . The main structure of this paper is mainly composed of the following five parts : the first part is the cause of action . GONG Xiao dereliction of duty case . The second part is the introduction of the basic facts . This section briefly describes the defendant GONG Xiao did not properly perform their duties , drivers Jiang Ming who passed the examination , and the whole process of a major traffic accident occurred . The third part is the case the focus of controversy and differences of opinion . The focus of the dispute in this case is whether the criminal law on the causal relationship between the defendant GONG Xiao malpractice case harm results . The fourth part of the legal analysis . In this section , I first discussed the study and determine the mode of the Criminal Law causality . Secondly , I follow the causality of criminal law to determine the basic model , and discusses the dereliction of duty, malfeasance particularity Finally, the criminal law of causality basic judgment stand and malfeasance particularity to combine , come to dereliction of duty judging mode . The fifth part of the case conclusion . I believe that : the defendant GONG Xiao malpractice case harm results between the criminal law on the causal relationship between the defendant GONG Xiao does not constitute a dereliction of duty . The focus of this article is the fourth part .

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