Research On The Causal Relationship Of Malfeasance

The study of causality in criminal law has been the most important issue in the study of criminal law theory,and how to identify the problem has been a hot topic in theory and practice.The research on the causality of malfeasance crime is also a difficult point in theory and practice.In recent years,China's production safety,environmental resources protection in the field of disaster accidents have occurred,resulting in serious harm to the consequences of these accidents are more or less affected by the crime of dereliction of duty.Dereliction of duty crime has a strong concealment,which is often hidden in the serious harm after the results.In the judicial practice,the malpractice is usually combined with other factors to cause the harm result,but is not the direct result of the serious harm.Because of the complexity of the cause and effect of the crime of dereliction of duty,indirect and other reasons,there are many problems and difficulties in the judicial practice.Therefore,the study of the crime of dereliction of duty is not only the difficulty of theoretical research,but also has a more important significance on how to correctly handle the case of dereliction of duty in judicial practice.At present,there is no consensus on how to identify the causal relationship of the crime of dereliction of duty,but it is mainly guided by the theory of the general principles of causality in criminal law.On the theory of causality in criminal law,there are some theories,such as the inevitable causal relationship theory,the causal relation theory,the theory of necessary conditions,the theory of equivalent causation,the theory of objective imputation,the theory of double level causality,and so on.All of these theories have certain guiding significance to the identification of the causal relationship of dereliction of duty.For example,the theory of necessary conditions has expanded the scope of criminal law evaluation,and should not be included in the criminal law.The theory of inevitable causality and accidental causality theory is the traditional theory of our country,but it does not go out of the category of causality in philosophy.How to select and apply the theory to solve the problem in practice is the main purpose of this paper.The article is divided into four parts,the first part of the crime of dereliction of duty causal meaning,research scope,classification,characteristics,the second part introduces the cognizance of China malfeasance causality in the problems and analyzes the reasons.The third part introduces and reviews the cognizance of the crime of dereliction of duty,causal theory,the fourth part puts forward some suggestions that the causal relationship between the crime of dereliction of duty.