A Study On Introducing Objective Imputation Into China’s Judicial Practice Of The Crime Of Dereliction Of Duty

As the crime of dereliction of duty is featured by diversity, complexity, and other characteristics, there always exists difficulties in conviction and imputation of it in the area of China’s judicial practice, which has resulted in inappropriate handling of the judicial practice of this type of crime. Therefore, to seek appropriate approaches to solve this issue is of great significance.Case analyses present shortcomings of common theory about causality in Criminal Law, which, limited to the connection between the contingency and inevitability, to a great degree is a behavior of applying mechanically causal terms of philosophy theory. Thus it has no practical significance in solving specific cases of the crime of dereliction of duty. Besides, researches have been made on various causality and supervisory negligence theories, ranging from theories of Foreseeability and Proximity of Cause in Common Law System to theories of Condition, Discontinuation, and the Equivalent in Civil Law System. Admittedly, these theories have presented their own advantages in solving various problems of ordinary criminal cases. However, when applied to the difficult cases of the crime of dereliction of duty, they are still barely satisfactory because of their vague standards, poor operability, subjective arbitrariness and other shortcomings.Unlikely, the objective imputation theory regards distinguishing attribution and imputation clearly as its main content. Specifically, attribution is a matter of facts, which is to be solved through causal theory, i.e., using theories of condition to determine causal range, while imputation is a matter of evaluation, which is to be solved through the objective imputation theory, i.e., examining whether the result could be attributed to the behavior subject from norms in that facts causal relationship exist. The basic judgment rules of imputation are as follows:1) the actor’s behavior created a danger of not being allowed; 2) the danger came true in terms of the concrete result; and 3) the result exists in the validity scope of constructive elements. In addition to the three basic rules, a number of subordinate judgments have also been designed. If the actor’s behavior meets the three principles, we can assume the result to be attributable to the actor. All in all, characterized by its logical and rigorous system design and construction, its internal rules of fine judgments, and its compliantly positive judgment towards constructive elements, this theory has a strong desire to convict, which provides a new way for China’s practice of causality in the crime of dereliction of duty.The objective imputation theory is one of the latest achievements of the theory of the German Criminal Law, which was thoroughly illustrated by Professor Roxin in the first volume of his criminal law textbook. Now, its influence also goes far beyond German Criminal Law, getting many responses in the field of Criminal Law in countries（regions） of Civil Law System. Japan, Korea and Chinese Taiwan have also greatly applied it into judicial practice. Based on judicial practice and combined with several specific cases of the crime of dereliction of duty, the thesis examines the effect of these rules in solving practical problems respectively to discover that the theory provides an effective methodology for the causal judgment of the crime of dereliction of duty. Therefore, the author aims to introduce the theory into China’s judicial practice of the crime of dereliction, of duty with a wish to offer a better solution to solve the problems of difficult conviction and imputation in causal relations.