Study On The Causality Identification Of Crime Of Dereliction In Work Safety Accidents

In the criminal imputation of the dereliction of duty of the state functionary responsible for the supervision of the work safety accident,the crime has the characteristics of indirect causality,double illegality,one effect caused by multiple causes and the assumption of the demonstration of causality,which leads to the difficulty in determining the causality of the crime in practice.In practice,the identification of causality is relatively broad,and many behaviors without causality in fact are included in it.Due to the confusion of identification standards methods and insufficient reasoning,the identification of causality is often faced with disputes and doubts.In view of the characteristics of dereliction in duty in work safety accidents,the causality theory of conditional relation plus equivalent judgment should be adopted in the determination of causality,which can be divided into two stages: factual causality and legal causality.In fact in the first place in the causation judgment to conditions that determine the supervisee irregularities have unconditional relationship with injury consequence,relationship was established on the basis of the condition of determining to supervisee irregularities comparing with supervisors as obligation,a causal relationship falling within the scope of official duty is a established fact.In the judgment of legal causality,referring to the possibility in avoidance of outcome in the theory of danger actualization,the possibility of avoidance of the consequence of accident damage is taken as the basis of judging equivalence.On the path of identification of equivalence,said in a compromise position,adopting the method of reverse assumption reasoning,behavior and damage consequence of supervisor and supervisee are doing the opposite hypothesis,and the comprehensive objective existence at the time of the accident of various factors,judgment supervision personnel shall perform their duties according to the law to avoid a possibility of accident injury consequence,if the possibility of more than 50%,is fairly,establishment of causality in criminal law.Through the screening and judgment of factual causality and legal causality,the scope of criminal imputation can be reasonably determined to further standardize the application of dereliction of duty in work safety accidents.