A Study On The Causality Of Dereliction Of Duty And Its Judicial Determination

Frequent in recent years, all kinds of accidents, such as train crash in wenzhou in 2011, the bund of Shanghai in 2014 stampede, in 2015 the tianjin binhai new area of explosion accidents, these accidents have caused heavy casualties and property loss, it is hidden behind the national office working personnel of malfeasance. You can see that the malfeasance crime tend to be more serious than the embezzlement and bribery crimes harmful consequences, not only a threat to people’s lives property safety, also damage the image of the state organs. China’s criminal law chapter 9 set 35 malfeasance crimes against malfeasance crime, in December 2012, the supreme people’s court, the supreme people’s procuratorate jointly issued "on handle the malfeasance in the criminal case applicable law(a)" the explanation of some issues, all kinds of malpractice crime harm result more refined, the strength of the fight against malfeasance crime tougher. But in judicial practice, for malfeasance crime is often hard to maintain, investigation department, the department of public prosecution and the judicial organ for the same misconduct cases between qualitative also exist different opinions, main reasons: one is the factors caused harmful consequences usually have multiple, malfeasance are just one of the reasons of the; 2 it is malfeasance will exist between behavior and harmful outcome intervention factors such as human factors or natural factors, sometimes interrupted malfeasance cause-and-effect relationship between behavior and harmful outcome; Three is malfeasance because of a relationship between behavior and harmful outcome is more complex, as has the certain difficulty.This article through to the malfeasance crime and its characteristics as well as the general theory of causality, and connecting with the concrete case analysis, to explore the causal relationship between identified in the judicial practice of malpractice of specific methods, finally believe that adopts double level causation theory of malfeasance crime causal relationship between identified more appropriate, the double level causation theory with the facts and legal reasons, classifying the causesof harmful consequences, on the basis of objective facts, through the value judgment of legal reasons, determine the harmful consequences of a causal relationship between malfeasance, this method has strong maneuverability, can deal with malfeasance crime in the judicial practice of help.