Study On The Causality Of Crime Of Dereliction

Dereliction of duty is a kind of malfeasance crime,crime,as the result of representative is to produce harm result whether as the component elements of a crime.Dereliction of duty,therefore,the objective behavior and the harm result whether a causal relationship between to distinguish between crime and the crime of important aspects.But for now,the cognizance of the crime of dereliction of duty causality is difficult to form a unified recognition processing methods,cause a lot of this kind of criminal investigation and trial.In this paper,through a stone,zhao mou dereliction of duty,for example,a case of dereliction of duty causality,judicial practice in China for dereliction of duty causality recognition methods,can be drawn lessons from abroad the aspects such as causality theory,explores the use which kinds of method that can better solve the dereliction of duty causality.The author in this paper,firstly introduce the basic situation of the case,namely,stone mou,zhao mou not seriously fulfill their duties of supervision and inspection,a certain chemical industry co.,LTD.The basic facts of two deaths of production safety accident.On this basis,put forward problem is the negligence of a,zhao mou a dereliction of duty between harmful behavior and major hazard consequences if there is causality in criminal law.To this,the cognizance of the case responsibility of derivation of two controversial opinions.In this paper,the second part is mainly an overview of the crime of dereliction of duty causality,this paper expounds the meanings of the dereliction of duty causality and the particularity of dereliction of duty causality.In this paper,the third part mainly elaborated our country's dereliction of duty causality recognition of four common way of existence.As "inevitable,that accident causation theory" and "the theory of the recency said that","quite causality theory that"and "supervision negligence theory".In this paper,the fourth part is mainly based on causality theories abroad reference analysis and evaluation,the main analysis and evaluation of continental law system"conditions" "quite causality" and said "" double causality of Anglo-American law system.The fifth part is the focus of the full text,this paper mainly through to the basic principles of dereliction of duty causality is proposed in this paper,the point of view that at present our country crime of dereliction of duty causality in the judicial practice should be identified with "double causality said" is more reasonable,and expounds how to determine the dereliction of duty causality facts and legal reasons,through the perspective of case to analysis proposed in this paper.