Research On The Causality Of Dereliction Of Duty

The ninth chapter of criminal law clearly stipulates the malpractice in our country,which is separated one chapter to demonstrate its importance.The causality of the malpractice is different from the general crime,and it presents the characteristics of high risk and high incidence in recent years,so the correct determination of relationship between the cause and effect of the malpractice is of great significance to solve the problem of criminal responsibility.There are many theories and views on the theory of the causation of general crime over the years.The causality of the malpractice has its own particularity and difference relative to the general crime.How to identify the causal relationship between the malfeasance and the harmfulness result in the complicated facts is a difficult problem in the judicial practice of the malpractice.Therefore,proper analysis of the causality of the malpractice is the subject that we must face and solve.This paper,taking "Zhang dereliction of duty crime" as the research material,using comparative analysis,case analysis,summary analysis,deeply discusses the question of asserting of the causality of the malpractice with the judicial practice.Starting with the causality of general theory in criminal law,this paper combined with the specific case analyzes the difficulties which are faced by the malpractice of general causality,sums up the characteristics of the malpractice,and analyzes the reason of the difficulty in identifying the malpractice.Moreover,this paper analyzes the causality of the case combined with the point of view of Chu Huaizhi professor,and takes the view of Chu Huaizhi professor point of view as the most suitable to identify the causality of the malpractice,and illustrates how to apply the view in the specific determination of the causality of the malpractice.So this paper summarize the following identification methods: first,we must find out all the facts and causes,second,we choose the causal relationship with the legal attribute from the factual causality,and then analyze the legal causation,last,we find out the legal cause and effect relationship among the numerous legal reasons to determine the legal cause of the harmfulness result.