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The Research On The Objective Aspect Of Dereliction Crime

Posted on:2011-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:X J LuoFull Text:PDF
GTID:2166360305481401Subject:Law
Abstract/Summary:PDF Full Text Request
Dereliction crime, for its large number and great social harm, has traditionally been paid more attention in criminal law theory study and judicial practice. The objective aspect of crime is essential content in all sorts of crime, so to study the objective aspect of the crime of dereliction of duty must be of great significance, to improve the theory of this crime and guide judicial practice as well. This article reveals the contents of the objective aspect of the crime of dereliction of duty, mainly from three aspects: behavior of dereliction of duty, harmful results, and causal relationship between negligent behavior and harms. The text is divided into four parts:In the first part, it makes an overview of the legislation about the objective aspect of dereliction of duty. It is discussed through the change of the regulation about the objective aspect of dereliction of duty in China and abroad, aiming to make a reference to the specific discussion in the following text.In the second part, it discusses the behavior of dereliction of duty. A crime constitutes behavior as the objective basis. For the study about the behavior of dereliction of duty, the first inevitable argument is whether it is pure omission or not. In addition, with regard to the recognition of the behavior, the difficulties lie in the following: First, dereliction of duty involves in many trades, where responsibilities of staff of state organs are very complex, so to neglect which responsibility can become a particular composition of dereliction of duty; Second, law will not force those who can not fulfill their obligations to fulfill their obligations, so the staff, who do not have the appropriate authority to perform certain duties, should belong to those who can not fulfill their obligations; And third, if the man has acted in legal proceedings, whether they would commit "carelessly performing their duties", which the paper attempts to analyze through specific cases and man's own condition.In the third part, it discusses the harmful results. Dereliction of duty is a kind of real harm offence, which requires particular hazards. This part is about the understanding and controversies about Chinese regulation, including the recognition standards for significant losses, the calculating time of economic loss, and the direct and indirect economic losses, and the material and intangible results.In the fourth part, it discusses the causal relationship between the behavior of dereliction of duty and harmful results. Besides the general commonality of the causal relationship between behavior and harms in general crime, the causal relationship in dereliction of duty has its own characteristics: the job relevance, accidental causation, indirect causal relationship, diversity and so on. The behavior of dereliction of duty is often intertwined with other factors to cause common harms. Thus the identification of causal relationship in dereliction of duty becomes complicated. This paper resorts to identify the causal relationship through theory and specific circumstances, which are divided into two sorts: existence of unconquerable natural forces; committing harmful results with others.
Keywords/Search Tags:Dereliction Crime, Objective Aspect, Behavior, Harm Results, Causal Relationship
PDF Full Text Request
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