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The Causation Of Crime Of Dereliction In Safety Production Accidents

Posted on:2015-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2296330452967204Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, as the society has paid more and more attention to thesafety production, while the justice department has made more and moreaccountability efforts to relevant government regulatory personnel involvedin the safety production accidents, once an accident occurs, regulatorypersonnel would have been born criminal liability due to the crime ofdereliction.This present article firstly points out that it shouldn’t have built thecausation between the harm behavior and result for the reason of neglect ofuniform and effective standard in such cases, and then introduces variousopinions in educational circles related to the crime of dereliction in safetyproduction accidents, such as fortuitous causality theory, conditioning theory,supervisory negligence theory and so on, and then the present article analyzesthe characteristic and the power of reason of crime of dereliction in safetyproduction accidents, and considers such crime of dereliction may have the features of omission, indirection, contingency and many reasons one cause,as to the analysis on the power of reason, the crime of dereliction can bedivided into “resultful” and “prevent destructive”.The present article finally comes to the conclusion that correspodencetheory of causal relationship is the most reasonable causation theorynowadays based on the analysis on the causation theory in criminal law. Atthe end of the present article, the focus is on how to apply the saidcorrespodence theory of causal relationship associated the characteristic ofcrime of dereliction in safety production accidents, and on the description ofparticular cases.
Keywords/Search Tags:safety production accidents, crime of dereliction, causation
PDF Full Text Request
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