Research On Causality Of Malfeasance Crime

In criminal cases,the determination of causality is very important,but to today,the theory of causality is still one of the controversial fields in the criminal law field.In our country,due to the influence of philosophical causality,the causality of criminal law is particularly chaotic.The causality of criminal law has always had problems such as unclear logic levels and different judgment standards.Foreign research on the cause and effect of criminal law is very in-depth,and has formed a number of more mature theories such as conditional theory and considerable theory.By absorbing and drawing on foreign theories,Chinese scholars have proposed new ideas for studying the causality of criminal law,and a variety of doctrines have emerged.Compared with active theoretical research,the application of causality theory in China's practical level is still very rudimentary,and even tied to the traditional causality theory.Especially in the field of malfeasance crimes,because the criminal law subsections do not provide a qualitative description of their constitutive elements,judicial officers cannot directly determine whether they constitute a crime by conforming to the constitutive elements,and causality often becomes the key to criminal responsibility for malfeasance crimes..The causality of malfeasance crimes has multiple causations,multiple causes,multiple responsibilities,dispersion of responsibilities,and the influence of intervention factors,which makes the judgment of causality of malfeasance crimes a practical problem.In the context of China's current advocacy of governing the country in accordance with the law,how to solve this problem and not only pursue the criminal responsibility of the perpetrators in accordance with the law,but also prevent the unreasonable expansion of the scope of punishment.Anti-corruption thinking.This article advocates the factual attribution first,then the standard attribution,and adopts the objective attribution theory in the attribution stage to improve the judicial determination of the causality of malfeasance crimes in combination with reality.According to the problem-oriented thinking,this article first finds the problem-analyzes the problem-solves the problem,adopts the theory and practice research method,adopts the "theory first,then the system" steps,and first examines the concept,characteristics,and malfeasance of criminal law.The specificity of cause andeffect,then introduce the more mature theory of cause and effect in foreign countries,and then summarize the problems in the practice of identifying malfeasance and causality through cases to standardize and stereotype them.Finally,according to the existing problems,put forward the specifics of improving the causality of malfeasance crimes.Suggest.In addition to the introduction and conclusion,the full text is divided into four parts.The first part outlines the concept,characteristics and nature of the criminal law causality,and the particularity of the causality of malfeasance crimes.The second part introduces the main foreign causality theories and the author's personal identity theory.The third part analyzes the causality of malfeasance crimes in China by combining cases.Difficulties in identification,the fourth part proposes countermeasures to improve the determination of causality in malfeasance crimes in China.