Introductory Research On The Causal Relationship Of Crime Of Malfeasance

The research on the Causal Relationship ofCriminal Law is one key issues oftheChinese and Foreign Criminal Law theory researches constantly．The point of doingresearch on causal relationship of criminal law is defining the extent of liability ofharmful behaviors,on the basis of keeping social legal interest from unlawfulwounding which is the purpose of the criminal law For this reason,it is veryimportant doing research on the causal relationship of criminal law which providesobjective basis for the responsibility for a crimeCrime of dereliction of duty is one of the most serious crimes in criminalcode,the judgement of causal relationship in criminal law is not only based on theposition of causal relationship of criminal law but also based on the particularity ofthe particular malfeasance This paper analysis the classical case,the dereliction ofGongxiao,with correlation theory of criminal jurisprudence,in order to get a deepercognition of relevant regulations and make a reference for identifying causalrelationship ofmalfeasanceThis paper consists of five pm'ls:The first part shows the cause ofaction ofthe dereliction ot,Gongxiao caseThe second part contains a brief introduction of this case．In this part,we can seethe overall process of how Gongxiao was in default,made the driver Jiang Mingfanpassed the medical examination．and created the big traffic accident at last．The third part contains the dispute and the divergence of opinion．Thc divergenceon this case focus on the relationship between the dereliction of Gongxiao and theoutcome of objective harm,whether or not there are causal relationship on criminallaw denotes．The fourth part is the legal analysis．In this section,the author first elaborates thestudy object and the determinant mode of the criminal cause．Secondly,the authorelaborates the specificity of the misconduct in the dereliction of duty on the basic determinant mode of the criminal cause．At last,the author combines the basicdeterminant position of criminal cause and the specificity of the misconduct,to inferthe determinant mode of criminal cause．The conclusion is given in the part five．In the writer'S opinion,there are no causalrelationship on criminal law between the dereliction of Gongxiao and the out come ofthe objective harm．Gongxiao'S behavior cannot be treated as fl crime of dereliction．The focus ofthis thesis is the fourth part...