The Identied Of The Crime Of Neglect Of Duty Causal Relationship

The crime of neglect of duty is a kind of crime of dereliction of duty prescribed by Chinese current criminal law, whose identification of causal plays a significant role to determine the guilty or non-guilty in judicial practices,and it is also difficult in theoretical research . The number of theories about the causal relationship between the crime of dereliction of duty in Chinese theory analysis is not much, nor is enough in depth, however, the crime of neglect of duty is a common crime of dereliction of duty,it often appears in practice, so it is necessary to carry out further research on the causal relationship of neglect of duty in order to make better guidance in judicial practice.The causal relationship of neglect of duty is of its own unique characteristics which is different with causal relationship in other crimes, the act of neglect of duty often exists before the occurrence of serious consequences, which always cannot directly cause occurrence of harmful consequences,and will often be discovered after the occurrence of serious consequences. it is certainly disguised Moreover the causal relationship in such crime is extremely complicated,and is intervened by one or more kinds of acts in the development of causal relationship, which exerts impact to the consequences, so we shall make a causal analysis on all the acts. How to find the causal relationship between the acts of neglect of duty and harmful consequences in the perplexing circumstance is difficult to correctly identify the crime in the judicial practice, and is also a key point for accurate analysis of neglect of duty. This article is divided into four Chapters,Chapter One raises such question by the means of two cases,and points out the disputes in identification of neglect of duty in judicial practices, Chapter Two makes a brief overview of the causation in criminal law, illustrates the causal relationship of neglect of duty mainly from the definition, characteristics and forms, as well as the judicial path and defects in determination of the causal relationship of the crime of neglect of duty under the current situation; Chapter Three put forward the rule of determination of the causal relationship of the crime of neglect of duty based on summarization of the basic path and defects in determination of the causal relationship of the crime of neglect of duty,namely determining the causal relationship of the crime of neglect of duty by the means of dual-leveled causality theory. Chapter Four makes a simple summary to the whole article.