Study Of The Objective Imputation Theory In The Crime Of Dereliction Of Duty

In judicial practice,although the determination of causation is not a problem under normal circumstances,in the case of high incidence of "multiple causes and one result" led by the crime of dereliction of duty,the determination of causation has become a decisive factor in conviction and sentencing.But the traditional causation theory of our country,"inevitable causation" theory and "accidental causation" theory appear to be helpless in solving this problem.There are many theories about causation in civil law system and common law system.Based on the analysis of these theories and the particularity of dereliction of duty,this paper advocates the use of objective attribution theory to solve the problem of causation of dereliction of duty.The details are as follows:the disorder order in the public place and special circumstances,for example live broadcast and broadcast or other problems.The first chapter is the analysis of the current situation of the conviction of dereliction of duty.Through the analysis of two typical cases,we can get a glimpse of the current situation of conviction and sentencing of dereliction of duty in our judicial practice,summarize its commonness and characteristics,and analyze the causes of difficulties.Then,the thesis draws the theme from the particularity of the crime of dereliction of duty and the defect of traditional causation theory: advocating the use of objective attribution theory to solve the problem of causation of the crime of dereliction of duty.The second chapter is the judgment of the conditional relationship in the crime of dereliction of duty.This part briefly combs the conditional theory and its revision theory,analyses the advantages and disadvantages of each theory itself,and combines the characteristics of malfeasance crime to analyze its operability.Through comparison,this paper draws the position that we should use the condition theory of legal principle to judge the condition relationship before objective attribution in the crime of dereliction of duty.The third chapter is the judgment of dangerous manufacturing.Based on the analysis of the theory of dangerous manufacturing and the characteristics of the crime of dereliction of duty,this part analyses how to judge whether the act creates a danger in the crime of dereliction of duty.Based on the exclusion theory of dangerous manufacturing and case studies,this paper makes a concrete analysis of the circumstances in whichdereliction of duty meets the danger not permitted by the manufacturing law,thus excluding the objective liability.Chapter IV is the realization of danger within the scope of normative protection.This part mainly discusses the differences between intentional dereliction of duty and negligent dereliction of duty in the purpose of normative protection,and whether various intervention factors in dereliction of duty can block the causal flow between dereliction of duty and harmful results.Through the above two parts of the focus of discussion,combined with the case,specific analysis of how to judge whether malfeasance ultimately in the scope of the protection of criminal law norms to achieve harmful results,thereby affirming or negating the objective attribution.