A Study On The Causal Relationship Of The Crime Of Malfeasance

The criminal causality in the theory of criminal law is a controversial topic, but the standard about causality does not have a unified conclusion.Crime of malfeasance is an important kind of crimes to punish corruption of civil servants in specific provisions of criminal law.Correct identification of the causal relationship is not only the difficulty of theoretical study, but also has important significance to solve the problem of criminal responsibility. To compare with the many theories about common crime causal relationship,identified malfeasance of causal relationship theory has a few number,and the analysis is not deep enough,does not form a relatively unified theory. Compared with the general characteristics of crime causal relationship,malfeasance of causal relationship has its own particularity. The malfeasance is often hidden in serious harm results,is not the immediate cause of the serious consequences. It’s sort of like the Intervention factors influence the causal in general crime. The causal relationship between the behavior and the result is that difficulties in the crime of malfeasance,but also the correct analysis on crime of malfeasance.This thesis,from the general criminal causality theory,discusses the characteristics of causal relationship in malfeasance crime,analyses the crime of malfeasance by using the general theory of causality. Finally, combining with the judicial practice and cases of malfeasance crime judicial,cognizance to causal relationship by theory.The first part is analysis of the value of this thesis and sum up the some theories,for example the condition theory,reason theory, causal relationship theory, the objective imputation theory, double level reason theory,the thesis is according to the condition theory as the basic standpoint.The second part discusses the particularity of the causation theory in crime of malfeasance,describes the possibility reason that the condition theory identify the malfeasance crime and cites typical cases to analysis of the causal relationship by condition theory for further consideration. The third part through different types of malfeasance of causal relationship forms tries to establish standards of different types.