Study On The Casuality Of Crime Of Dereliction

At present， Chinese judiciary in criminal negligence determination of causationis not considered to form a unified approach to the judicial practice in a difficult，causing many suspected of such crimes and trials investigating the behavior difficult.This paper aims for a realistic case law on the crime of dereliction of dutydetermination of causation exists identified problems， we identified in the analysisand comparison of different theories， based on the combination of judicial instancesto explore， find a more reasonable dereliction of duty and legal causationdetermination method in order to successfully pursue in the judicial practice ofcriminally negligent behavior of people.Therefore， this paper investigated through the work of a writer’s dereliction ofduty cases raise questions， pointing out that judicial practice， in dereliction of dutyon the identification of causal relationship exists some controversy， dispute arosebecause of the judicial practice concerning causation dereliction of duty finds no clearidentification method. Determine whether a more rational criteria for the judicialpractice of great significance. After briefly describes the dereliction of duty and theconcept of causality and features. This paper argues that dereliction of duty is theobligation to carry out causality national official duties due to the fault of theperpetrator fails to perform or not to perform its statutory duty to actively conduct andthe harm caused by the negligent acts between the results， according to judge shalldetermine the behavior whether it constitutes a crime and dereliction of duty shouldbe held criminally responsible for criminal law linked. Characterized by having alegal， indirect and complex. Since criminal law causation theory is based on thetheory of negligent causation， so this paper case， by analyzing the causalrelationship between domestic and international criminal law doctrine mainly usesseveral theories: conditions doctrine， the doctrine quite causality， objectiveimputation theory， dual causality relations and necessary causality， must occasionally theories of causation， etc.， and a brief assessment of thereasonableness of which， as well as for dereliction of duty after causality defects.Through assessment， combined with dereliction of duty and causation "cause" and"effect " analysis， this paper considers the objective theory of liability relative toother more suitable in terms of causal theories judicial practice Causation derelictionof duty， and thus should be considered judicial practice identified using thismethod.