Study On The Imputation Of The Directly Responsible Person In The Crime Of Dereliction Of Duty

The crime of dereliction of duty is a typical negligent crime.On many occasions,the perpetrator is subjectively a supervisory negligence.One main manifestation is that the person who should supervise the direct responsibility has not carried out the supervisory action,which results in the occurrence of the result;Or the person who should supervise the direct responsibility should establish a complete safety system and management system,but fails to do so,which leads to the occurrence of harmful results.In investigating the negligence of duty of the perpetrator,especially in the major responsibility accidents caused by the negligence of supervision and management,the causal relationship is extremely complex,which often results from many causes.How to find out the causes of the crime of negligence for many reasons is the focus and difficulty of investigating and handling cases of negligence.Judicial practice shows that the traditional causal criminal law theory has not provided a clear and operable standard for the case handlers.If the mechanical judgment of illegality is inappropriate,it can not achieve the consistency of crime and responsibility.While attributing responsibility to the perpetrator,we should also fully consider whether there are factors affecting the magnitude of the responsibility of the perpetrator.Through objective attribution theory and subjective attribution theory,we can judge the causality in practice,especially the possibility of predicting the results,which can provide clearer and operable criteria and methods.