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A Study Of Causality For Dereliction Of Duty

Posted on:2019-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z W WenFull Text:PDF
GTID:2516306029478164Subject:Law
Abstract/Summary:PDF Full Text Request
Compared with general causation of criminal law theory of bustling,the specific charges causality theory research is very weak,especially crime of derelicition,which is even more elusive.As a common malfeasance crime,crime of derelicition judgement of difficult cases,mainly can be divided into five types:(1)the difference between correlation and causation is difficult;(2)difficulties in defining the nature of dereliction of duty in supervision and management;(3)difficulty in judging multiple behavioral responsibilities;(4)difficulty in determining criminal behavior in collective decision-making.Based on the problems in the above difficult cases,this paper not only focuses on the theoretical study of causality,but also proposes to attach importance to the methodological significance of typological thinking and objective imputation theory,and to strengthen the practical operation of the research.In terms of attribution,we should not only respect the basic status of conditional theory as always,but also face up to the criticism of conditional theory.In the aspect of imputation,this paper introduces the methodological significance of the objective imputation theory in the specific practical operation,and discusses the relevant theories of the omission crime of negligence in combination with the characteristics of the crime of dereliction of duty.
Keywords/Search Tags:crime of derelicition, causality, categorization, objective imputation
PDF Full Text Request
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