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How To Identify The Causality In The Crime Of Dereliction Of Duty

Posted on:2016-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhaoFull Text:PDF
GTID:2296330482965835Subject:Law
Abstract/Summary:PDF Full Text Request
At present, with the development of economic, our country is in the period that full of strategic opportunity and contradiction. The crime of dereliction of duty is one of the most serious corruptions,. It has become an important factor that affecting economic development and social harmony and stability. The subject of the crime of dereliction of duty is the state public officials whom master the public power. The personnel of organs of state performs its function and power incorrectly, and even abuse of power, it will not only lead the loss of state-owned assets, stop and destroy the development of market economy, but also cause major liability accident, mass death and casualty, easily. But due to various reasons, quite a few malfeasance crimes are overlooked easily at present, in the process of investigating malfeasance crimes, it exists many difficulties, such as "difficult in finding, difficult in evidence collection, difficult in dealing, large resistance" and so on. One of the most important reasons is the causal relationship. It is very complex and special in the crime of dereliction of duty.In the 28 types of dereliction of duty that cause serious consequences and serious circumstances, the crime of dereliction of duty is often hidden behind the consequences of the danger, it is not the direct cause of the consequences of the danger, but with many other factors. Whether there is a causal relationship between the facts of the complex cases and the consequences of the danger? How is the causal relationship? Both of them are the difficulties in studying the constitution of the crime of dereliction of duty in the judicial practice of our country. This paper tries to study the characteristics of the crime of dereliction of duty and the various theories of causality in criminal law, and then find a suitable path.
Keywords/Search Tags:Dereliction crime, Causal relationship, Problem identification, Double level causal relation
PDF Full Text Request
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