Shallow Discuss About Causality Of Dereliction Of Duty

Dereliction of duty in the Criminal Law as a representative of the results of crimerequires the occurrence of harmful consequences for the constitutive elements of thecrime.Therefore, whether there is penal causality between dereliction behavior and the resulthas become one of the key differences between crime and non-crime. Meanwhile, comparedto other results of crimes, dereliction of duty penal causality shows some specificity. It needsthe perpetrator‵s specific duties as a precondition, and the accidental causality, the indirectcausality are common forms of expression. Therefore, when the crime behavior leads to someresults, how to choose a most exact and appropriate mode to judge penal causality of thedereliction of duty among so many causality determination modes has raised a fierce debate intheory and practice. The author intends to use Wang X‵s negligence case as an example, andthe dereliction of duty, criminal causation determination mode and other content will bein-depth analysis, hoping to find the best judgment mode of dereliction of duty causality.This paper is divided into four parts except the introduction, with the emphasis on thesecond part of the article.The first part is the basic situation of Wang X‵s case. Wang X,the defendant,equippedwith gun violated the control regulation of guns and bullets and leaded to the gun and bulletswere stolen by Li X and Wang X.Then, Li X and Wang X sneaked to city X. When they wereintending to commit crime, they came across the local policeman on duty. They immediatelyshot the policemen, eventually one policeman was killed, and three policemen were injuredbadly. According to the summary of different opinions, the author thinks that the focus ofdispute about this case is whether there is penal causality between Wang X‵s behavior andthe serious result.The second part is the analysis of the relevant legal issues. In this section, first of all,dereliction of duty and causation issues and issues related to criminal law are discussed;Secondly, the author analyses and discusses the causation judgment mode; Finally, after thecomparison about the major causation determination mode of dereliction of duty in China, the author concludes the most suitable causation determination mode of dereliction of duty inhis sense.The third part is the case analysis and conclusions. On the basis of the second-levelcausation determination mode chosen by author, the author makes a conclusion that there isno penal causality between Wang X‵s behavior and the serious outcome, so Wang X did notcommit dereliction of duty.The fourth part is the enlightenment from the case. We have obtained certainachievements in the difficult problems about the causality of the dereliction of duty bypersistent exploration. Although each theory to the causality of the dereliction of duty is stillfar from perfect, we can choose a best determination mode of causal relationship on thefoundation of existing theories. Then improve it gradually, in order to get the perfectjudgment model.