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A Study on the Causation of the Crime of Malfeasance

Author: ZhuangZhongJu
Tutor: LiKunGang
School: Anhui University
Course: Legal
Keywords: crime of malfeasance causation criminal law
CLC: D924.393
Type: Master's thesis
Year: 2010
Downloads: 190
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Abstract


As for the crime of malfeasance, it is the difficult point to determine the causation between of malfeasance and its consequences. Because malfeasance is often hidden behind the serious consequences, and it is not the direct cause of the consequences. It is a controversial difficulty in determining the malfeasance in judicial practice that how to screen the causality of malfeasance and the consequences in the complex facts, so the correct analysis of the causality between the crime of malfeasance is what we must face and solve. In this paper, empirical analysis and comparative analysis are used, from the analysis of objective aspects of malfeasance and causality, and by comparing various causality theories, together with examples, and ultimately determine the causality between the crime of malfeasance on the basis of the Conditions, and the patterns for identifying the causality to determine the crime of difficulties in determining.At the beginning of the article, describing the significance of the causality is where the subject of this article. There are many reasons of difficulties in determining the causality of crime of malfeasance:the unity of the reasons and the behavior; the difficulties in determining the person who has malfeasance; the multiplicity of reasons, that is "more results of a fruit"; the complexity of the causality and the universality of reasons that can not be used. About the difficulties in determining the causality, the author proposed the idea of solving, the investigation of the features and the theory on identifying all the existing causality in criminal law, therefore choose the most convincing theory both in theory and practice.There is a relationship between the difficulties in determining the causality and the structure of crime itself. In the second part, first,there is an overview of malfeasance, demonstrating the concept of crime and their components, and analysis of the characteristics of the objective aspect of malfeasance. Second, there is a summary of the forms of causality, that is, the occurrence of danger that the acts lead, the appearance of real danger that the acts lead, and the seriousness of danger that the acts lead.The investigation of the theory of causality in criminal law is mainly on the continent law of the "conditions", "the equal causality" common law of "proximate cause", "the foresee," and China’s "inevitable and accidental causality" Later I use the inevitable accident causality model, the considerable model theory of proximate cause patterns, monitor fault model theory, objective theory of imputation model to identify the causality of malfeasance. And make an experimental evaluation to identify the advantages and disadvantages of causality of malfeasance by using a variety of theories.In the above study, the author finds the idea of making a bold use of conditions that causality of malfeasance in the last part of the article. "No previous behavior, no latter result" is the basic formula of causality. Without malfeasance, there is no harmful consequence. Generally speaking, conditions is more suitable for analysis of the causality between the crime of malfeasance. Conditions can directly and clearly shows the consequences of malfeasance and damage between the "no latter without the former" relationship, but also reflects the influence of malfeasance which plays an essential role in the occurrence of the hazard. Conditions shows that all the conditions that affect the results have equal value, which is also known as equivalent. I believe that as long as the malfeasance has an effect on the occurrence of the results, regardless how much the effect is, has a causality to the hazard in criminal law.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Crime of dereliction of duty
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