The Judgment Method of Causal Relationship of Malfeasance Crime
JIANG Tao(School of Law，Nanjing Normal University，Nanjing 210023，China)
Abstract: The illegal results such as "heavy loss" of malfeasance crime do not belong to the objective punishment conditions, so it is not necessary to replace the causality theory with the objective imputation theory in the determination of malfeasance crime. The relationship between the illegal act and the illegal result of dereliction of duty is often "multiple causes and one result", the main cause force theory can solve the problem of causality judgment of dereliction of malfeasance crime, if the act itself lacks the risk of inducing intervention, the intervention factors of the third party or the victim are decisive to the occurrence of serious damage and other results, and the intervention of the third party or the victim is not foreseeable, then the causal relationship between the illegal act and the illegal result can not be determined by the fact that the actor creates real danger. The judgment of the main and secondary functions is a category related to the job. It can be solved by the theory of job relevance, objective foreseeing possibility and legal substitution theory，We can't explain the result of the behavior that the duty can't contain, objectively has no foreseeing possibility and can be replaced legally as the reason.
Key words: crime of dereliction of duty; causality; the main reasons are as follows; objective imputation theory; legal substitution theory