On Causal Relationship Of Legal Malpractice

Judicial identification of causal relationship in the legal malpractice has been the focus and the difficulty in the judicial practice over the years. Thus different views and opinions on this issue are discussed in theoretical circles and the commonly accepted theory is not yet formed. The consequences are no generally accepted principle to rest on and the controversy of law enforcement, which harms the authority and the seriousness of the law.With contrastive analysis, empirical study and statistic analysis, the thesis starts with the definition of causal relationship in the legal malpractice and the practical difficulties of law enforcement, then puts forward the theory of double levels of causality based on the analysis of the various identifications of causal relationship in the legal malpractice in judicial practice. The theory of double levels of causality can be divided into two parts: the study of causality in fact and the determination of legal causal relationship which is from the objective imputation theory as a reference. Finally, the thesis discusses how to identify causal relationship in dereliction of duty and abuse of authority the as examples of double levels of causality.