A Study On Causal Relationship In Malfeasance Cases

Dereliction and infringement of our national criminal law provisions punishing a class of very important state organs crime of corruption, the correct identification of causality of criminal responsibility for solving the problem is significant. How to identify the cause and the cause is the relationship between the misconduct and the harmful consequences occurred, judicial practice is a major problem. Generally recognized theory has a lot of crime causation theory point of view, with respect to the general characteristics of causality, dereliction of causality has its own characteristics and particularities and differences, and malfeasance are often hidden behind serious consequences, not cause harm direct cause results to identify the causal relationship between the misconduct and the harmful consequences of the fact that in the complex, the judicial practice is controversial difficulties identified dereliction of duty, dereliction correct analysis of causality that we must face and solve subject. This paper analyzes the basic theory of dereliction of duty related to causation start, combined with investigating cases of comparison of the different identified causation theory, dereliction of duty on the final causality identified, said the basis of conditions in order to select and draw two-level causal common law relations said identified.Paper is divided into four parts:The first part is an overview of malfeasance crime causation, to clarify the concept of dereliction of duty dereliction of duty and causation, features and species.The second part is to explore how to identify the causality of dereliction of duty, first of all clarify the general theory of criminal law of causation, focusing on the conditions that exist in the civil law, said the reason that quite causality and common law system of "double secondary causality said, "and our occasional causal relationship theory must be discrimination, and several major theory in criminal law practice in a brief comparative evaluation. Through comparative analysis of several theoretical binding practical problems arising in the process, find the use of "condition, he said" The reason for dereliction causality identified, as well as the use of "two-level causality," which is to establish the conditions and said "Two level causality said," and give full consideration to the factors involved in crimes against the consequences of malfeasance identification mode.The third part introduces the theoretical basis and forms of malfeasance crime causation judicial practice identified;The fourth part analysis should identify dereliction of causality should be noted that the problem, by dereliction of duty personnel, departments, causal link, and the harm resulting logical relationships identified malfeasance and harm the five angles to illustrate malfeasance causation attention.