玩忽职守罪中因果关系疑难问题研究

Research on the Causal Relationship Knotty Problems in Crime of Dereliction

玩忽职守罪是指国家机关工作人员严重不负责任,不履行或者不认真履行职责,致使公共财产、国家和人民利益遭受重大损失的行为。在玩忽职守行为与危害后果之间是否存在因果关系,关系到是否构成犯罪等根本问题。文章试图以实际案例为研究样板,分析"介入因素"等对因果关系的有重大影响的几个问题。

Derefiction is the behavior which state office workers are gross neglect of duty, failed to fulfill or not to earnestly fulfill their duties, from which public property, country and people interest suffered great losses. Whether a causality relationship exists in dereliction behavior and harmful consequences or not, is related to whether a crime constituted or not. And in the judicial practice, how to determine the causal relationships of dereliction of duty behavior and harmful consequences are an important and difficult problem. Taken the actual cases as the research model, problems which have great impact on causality such as intervention factors were analyzed.