Research On The Causal Relationship In The Crime Of Dereliction Of Duty

The crime of dereliction of duty,as a common duty crime,has caused significant social harm,and it is imperative to crack down on dereliction of duty in the national management system.However,from the perspective of judicial rationality,the behavior that needs to be punished by punishment must be in line with the criminal constitution of the criminal law and have serious social harm.Therefore,confirming the causal relationship in the crime of dereliction of duty has become an objective core element for investigating criminal responsibility of public officials with dereliction of duty.At present,the main problems in judicial practice are the lack of substantive proof of the causal relationship of the crime and the neglect of the determination of significant losses as a constituent element of causality.On one hand,its root lies in the fact that the implementation of individual job behavior is difficult to avoid being constrained by the structure of division of rights in the administrative system.The power environment in which job behavior occurs can be divided into three types based on the division of labor:the upper and lower levels influenced by superior leadership,the collective level based on collective research and decisionmaking,and the multi departmental joint law enforcement with multiple supervision.The complex power environment makes it difficult to clarify which behavior meets the constitutive requirements of the crime and the relationship between it and the outcome;On the other hand,the consequences of non material and indirect losses in the crime of dereliction of duty are not clearly observable and lack clear explanations,making their identification easily unclear.In addition,the widespread presence of intervening factors also makes the causal process of the crime often exhibit indirect and accidental characteristics.To solve the problem of determining the causal relationship in the crime of dereliction of duty,the first step is to choose a suitable causal relationship theory as guidance.The advantage of the theory of danger realism lies in its judgment mode that conforms to China’s criminal law causal relationship view.It divides the process of realizing the danger of behavior in the result into direct and indirect types,which has significant guiding value for analyzing the realization path of the danger of dereliction of duty behavior.In addition,the overlapping causal relationship theory can be used as an individual identification path to solve the complex causal relationship problem in collective and multi regulatory cases.Secondly,in the current situation where the legal provisions on the consequences of non material losses and indirect losses are not yet perfect,the standards and boundaries of loss consequences should be determined within the scope of the normative protection purpose of criminal law;The delineation of the behavior to be carried out in this crime should exclude irrelevant official behavior and general work errors,therefore,it should be grasped from two aspects:the violation of duty and the infringement of legal interests.Finally,based on the two types of danger realization in the theory of danger reality,clarify the specific paths through which the harmful consequences of the crime of dereliction of duty occur.In situations where behavioral danger is indirectly realized,examining whether the intervention factors exceed the scope of public officials’ duty of care is a necessary step to determine whether they are abnormal.