Judicial Identification Of Causality In Dereliction Of Duty

Nowadays,China's malfeasance crime still present a multiple and frequent trend.The Central Committee requires that malfeasance crime should be severely cracked down on according to law.At the same time,however,the office of public prosecutor find the difficulty of finding cases,putting them on record,gathering evidence and dealing with them during the process of actual cases.One of the most important reasons which cause the dilemma is that the judicial practice workers have different understandings and opinions about the causal relationship of malfeasance crime.As an important type of duty crimes in chapter 9 of penal code,malfeasance crime in practice has many uncertain problems.When the causal relationship between these problems and criminal law intertwined,handling crime of dereliction of duty becomes more difficult.So,how to properly identify the causal relationship of crime of dereliction of duty in the judicial practice is inevitable and a subject must be solved.This article bases on different theories of different scholars on the criminal causality,starts from the characteristics of the causal relationship of the crime of dereliction of duty,tentatively and analytically evaluates various theories on the causal relationship of the legal;malpractice identification models,and ultimately takes the double-leveled causal relationship as a basis to construct a relatively reasonable identification model.The whole essay is divided into four parts.Firstly,I'd try to elaborate the meaning and difficulties in recognizing the crime of dereliction of duty judicially.I'd give you detailed elaboration of the features of different causalities of crime of dereliction of duties,which also means the dereliction of causal acts,the indirectness and complicacy of causality relationships and the universality that can't be taken as excuses(can be differed from the objectivity,complicacy and variety of the causality of crime of penal law).Thus,I can further down to analyze the difficulties in judicially recognizing the crime of dereliction,so as to put forward the issue we'd focus on in this passage:the judicial recognition of causalities of crime of dereliction of duties,along with the value in this issue.Secondly,the introductions and differentiation of the fundamental theory of causality in the theoretical cycle of penal code at home and abroad.In this paper,we mainly study the several main theories of penal causality in the two genealogies,such as conditioning theory,cause theory,correspondence theory of causal relationship,objective attribution theory and double levels of causality,including two domestic theories—necessary causal connection theory and contingent causality theory.By using plenty of ways,for example,the empirical analysis,we learn varied guiding significance of varied theories in judging crime of dereliction of duty,and further,try to make comments on them.Thirdly,I would like to discuss the judicial cognizance mode of the causal relationship of malfeasance crime.We need analyze the rationality of malfeasance crime's causal relationship judicial determination by using double levels of causality.Also,we will try to build up the standard evaluation and the choice of ways of identification model.What's more,we will combine examples and have a discussion on how to affirm causal relationship under some special circumstances which include multiple malfeasant behaviors.Finally,we can point out the problems we should notice during the process of the judicial cognizance.There are four steps we need to pay attention to.Step one is that we should grasp the cases of malfeasance crime which contain heavy losses and avoid only result theory.Step two is that we should limit the types of behavior according to components.Step three is to affirm the essence of cognizance behavior with the help of auxiliary behavior.Step four is that we should choose the objective of criminal law regulation as a guide to explain malfeasance crime.