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The Identification Of Causality Of Malfeasance

Posted on:2019-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y D QianFull Text:PDF
GTID:2416330590975288Subject:Law
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In recent years,our country has strengthened its crackdown on malfeasance crimes so as to maintain the regular management activities and social credibility of the state organs.During the investigations into the duty-related crimes,it is revealed that the proportion of malfeasance crimes has been increasing year by year,which has become one of the most serious kinds of corruption.In the process of investigations into crimes of malfeasance,how to correctly cognize such crime and then precisely strike on it? There is ought to be an accurate acquisition of the "cause" and "effect"-the two key points in the causality of the malfeasance crime,as well as detailed analysis and research into the question that whether there is a causal relationship between these two points.This paper considers the malfeasance of state officers which brings hazardous consequences as the "cause" in the causality of the malfeasance crime.Chapter one analyzes malfeasance from the perspective of its concept,characteristics,common types and the crime accomplice.The "effect" in the causality of malfeasance crime is the hazardous consequences the crime brings,which meets the standard of the criminal law prosecution.Chapter two,from the point of the characteristics of the hazardous consequences,analyzes the classifications,such as material loss and non-material loss,direct loss and indirect loss.In order to precisely cognize the causality of the cause and effect regarding malfeasance crime,chapter three looks into the causality contained in the national and foreign criminal laws,in the combination of the comments on the facts happening during and after malfeasance(in some specific cases).This chapter also,combining several aspects,judges the causality of the malfeasance crime in view of the theory of relative causality.In this way,the legal effect,social effect and political effect can be achieved in organic unity when cracking down on malfeasance crimes.
Keywords/Search Tags:Malfeasance, Consequences of Malfeasance, Relative Causality
PDF Full Text Request
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