Dereliction Of Duty, Causal Relationship Between

The dereliction crime is a kind of important crimes to punish the official's corrupt in the crime law. The identification of the casual relation plays very important part. In judgment process, on the one hand we must consider the principles of equality of the causal relation in the criminal law; on the other hand we must consider the law profits protected by the dereliction crime law.But the causal relation in the criminal law takes long-term puzzle criminal law theorists and the practical realm difficult problem exists since it is introduced in the criminal law domain. Therefore, the Chinese and foreign criminal law theorists have launched the long-term research and the exploration, and have formed the different viewpoints. There are many inadequates in these viewpoints and the theories .There are many problems difficult to grasp in the practices in the dereliction crime. When these problems are joint with the causal relation in criminal law, they can make dereliction criminal case's processing difficult to grasp, and even cause the cases miscarriage, and thus cause the guilty person to evade the criminal punishment. Therefore, they are the key problems to solve in this article to make the deep research of the criminal law theories about the different theories of causal relation unioned with the characteristics which the union dereliction crime causal relation manifests, observes in the criminal law the causal relation general theory to apply in the dereliction crime domain different pattern, discovers or chooses a judgment dereliction crime causal relation the science to recognize the pattern,The full article is divided into five parts:The first part expounds that the dereliction crime causal relation is refers to the dereliction crime constitution between the dereliction behavior and harm result cause with relation this concept which causes by obtaining from the dereliction crime's concept and the characteristic, the union criminal law causal relation's general theory, Defines clearly the criminal law causal relation the general theory, key the condition which exists to the mainland legal system said that the reason said that the suitable causal relation said that turned over to the responsibility theory and the UK-US legal system objectively "the double level causal relation says", as well as our country's necessity accidental causal relation theory carried on the discrimination, and carried on the brief appraisal to each kind of theory in the criminal law practice's application.The second part, carries on the analysis to the dereliction crime causal relation's essential feature, except the criminal law causal relation's general characteristic is the causal relation objectivity; Causal relation relativity and absolute quality; Reason and result order successively; Causal relation conditionality; Outside criminal law causal relation complexity and multiplicity, The dereliction crime causal relation also has the reason behavior dereliction, reason behavior indirect, the reason behavior multiplicity, the causal relation complexity, not to take reason characteristics and so on universality, and carries on the analysis to these characteristic union actual case.The third part, the different performance which manifests regarding the dereliction crime causal relation's characteristic, carries on the classification to the dereliction crime causal relation according to the different standard, mainly has the direct causal relation and the indirect causation; Simple causal relation, complex causal relation and interrupt causal relation; Inevitable causal relation and accidental causal relation three different types.The fourth part, the key solution dereliction crime causal relation recognizes the question, the establishment dereliction crime causal relation recognized in the process should observe five basic principles; first, must distinguish in the philosophy on the causal relation research and the penology causal relation research; Second, must treat the criminal law educational world correctly each kind about the criminal law causal relation theory, do not affect the dereliction crime causal relation judgment because of the theory fetter; Third, must consider that investigated the legal responsibility takes the total instruction and the starting point, deals with the causal relation and the legal responsibility correctly turns over to call to account the topic; Fourth, the criminal law causal relation recognizes in the process, must pay attention to author's dereliction behavior to harm the result having an effect degree the assurance; Fifth, should act according to the different situation concrete study its causal relation. And based on above principle to the judicial practice's dereliction crime causal relation five kinds different recognized that the pattern carries on the analysis, Mainly includes:(1) recognition by "the accidental causal relation saying"; (2) recognition by "the interrupt theory";(3) recognition by "the surveillance error theory"; (4) recognition by "the suitable causal relation saying"; (5) recognition by" the double level causal relation".The fifth part analyzes the rationality of the "the double level causal relation saying" applied in the causal relation of the dereliction crime, and then establishes the recognition pattern from the de facto causal relation to the double level causal relation in the law causal relation, thus to solve the difficult problems in causal relations in the dereliction crime.