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Research On The Judicial Determination Of Causality In The Crime Of Dereliction Of Duty

Posted on:2016-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:F WuFull Text:PDF
GTID:2356330488497838Subject:Law
Abstract/Summary:PDF Full Text Request
There is a causal relationship between the dereliction of duty and the harm result is the premise of investigating the criminal responsibility of the dereliction of duty, but in the judicial practice, because of the characteristics of the crime of dereliction of duty and so on. In this paper, we analyze the main problems, difficulties, such as the legal application of the standards, the special nature of the crime of dereliction of duty, and the main causes of the problem, and then put forward three levels to identify the causal relationship between the crime of dereliction of duty, the first of which is based on the fact that the criteria used to determine the need to judge the formula. Secondly, on the basis of the factual causation, the establishment of the causal relationship between the crime of dereliction of duty and the establishment of the crime of "equivalence". Third, in order to overcome the lack of standardization in the judgment of the "equivalence", the relevant theory of the objective imputation is used for reference.
Keywords/Search Tags:the crime of dereliction of duty, the judicial determination of, the causal relationship
PDF Full Text Request
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