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Study On Causality In Group Decision Making

Posted on:2018-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:X Y YaoFull Text:PDF
GTID:2359330542468075Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In real life,the collective decision-making system is the use of individual units of alienation,the system deviates from the original intention of work.At the same time,collective decision-making often leads to the dispersion of responsibility,which makes it difficult to identify the cause and effect of the unit crime.Specifically,these difficulties include the fact that the operation of the anonymous voting system can not be identified,the causal relationship is assumed,the cumulative causation problem and the causal relationship are replaced.These are questions that should be answered by dogma,but unfortunately,the present academic community has not yet produced a logical,self consistent explanation and convincing conclusions about such issues.In the process of judicial operation,the person in charge of the unit and other directly responsible personnel have been defined as the object of the collective decision crime,and the identification of both of them is fuzzy.This means the legal doctrine to dodge problem of criminal policy,inevitably criticized.In fact,the essence of collective decision-making to solve it is not admit the offense of joint negligence under the standpoint of how to solve the personal behavior of others to bear responsibility for the problem of joint negligence crime in the natural sense of existence has been basically no doubt.If the problem of conflict between theory and law is solved,then the cause and effect relationship of collective decision system will be solved.Therefore,it is necessary to solve the problem of causality in collective decision-making by interpreting the twenty-fifth and second sections of the criminal code.In short,on the one hand,there is a double unit responsible for the guarantee obligation,have the responsibility to prevent the illegal decision in collective decision making by(vote),or by filing a lawsuit and confirmed invalid lawsuit and other measures in the decision by the decision to prevent the results become a reality;on the other hand,other decision the person in the decision not to at least the decision result processing function(or obligation against abstention).The dominant ideology of positive punishment,the essence of the implementation of the project will help to promote the collective decision-making system to return to its work together.
Keywords/Search Tags:collective decision-making, causality, anonymous vote, negligent principal offender
PDF Full Text Request
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