Malfeasance Causal Relationship Between Judicial Cognizance

Malpractice crime, how to determine malpractice and the harm caused by and between the consequences caused by the relations, is the judicial practice in a difficult point. Usually, malfeasance resides in behind harm results, not as a result of the direct cause harm appear to appear. Find out harm result and specific malfeasance causal relationship between, appear particularly important, it is also the academic theory and the judicial practice of a controversial issues, Therefore, we inevitably to affirming methods in many find out a suitable way that to solve this problem.The author use the empirical analysis and comparison analysis in this paper, through to the judicial practice of different cases that different way to comparative analysis, as well as to the same case the existence of the causal relationship with different theories be considered, and combining the characteristics of malfeasance itself, finally choosing of Anglo-American law system with double layers causality theory as the cognizance of the causal relationship between the malpractice crime pattern.The article expounds the introduction of malpractice crime causal relationship between research that meaning, and in a case out problems, this paper analyzes the judicial practice the existence of the dispute, the characteristics of the case and malfeasance combination are analysed and the existing criminal law theory of causality to compare, sure each theory to the guidance of the causal relationship between the malfeasance pattern, so as to choose a reasonable theory to practice.Malpractice crime causal relationship between difficult that mainly embodied in the judicial practice. The first part of the article from malfeasance causality recognition of the present situation, detailed analysis of the malfeasance in criminal cases causality in that in recent years the main characteristics of present, and on the analysis of the present situation of the reason caused such, after the theoretical analysis for the laid a foundation. Malfeasance causality theory is rooted in the theory of criminal law causality under the large frame. The second part of a comprehensive introduction to a brief overview of the causal relationship between the criminal law, including the theory and the existing Chinese and foreign origin of theory, namely the continental law system, and characteristics of the Anglo-American law system in our country criminal law theory of causality. In this part, mainly using comparative analysis, will make a horizontal comparison between the theory, find out a theory of the defect, thus further find improvement methods. Will malfeasance causality is divided into different types, for the theory after a matting, to lay the foundation.The third part of the same case for through the use of "condition" and "causality analysis and evaluation, more lazy two way that way of thinking, and focuses on the Anglo-American law system" double levels causality theory "in the judicial practice graft to the rationality of the causal relationship between the crime that analysis, and then establish causal relationship from the fact to legal causal relationship between double hierarchy theory that model, this paper put forward to solve the main problems of the beginning.