Research On Negligence Joint Offense

In recent years, with the rapid development and extensive application of science andtechnology, the way of production and people’s way of life is transformative to profoundchanges, the most prominent point of the performance is that human society is producingincreasingly fine division of labor, especially in high-risk of the industry, the division of laborbetween people, mutual cooperation, mutual supervision, the extent of deepeninginterdependence. For example, the production team has become a whole, each of which willaffect the behavior of other team members and the entire team of qualified degree of safety atwork and the work is no longer just a single individual’s behavior, not only for individualsresponsible for their actions enough, each person’s actions are part of the overall behavior,they bear each other attention, reminded each other, mutual supervision and mutual helpprevent herself or other team members of the imprudent behavior harmful results to thecommon duty of care.At the same time, have a shared duty of care because all actors shared a common duty ofcare negligence act of violation to the social production and social security challenges, inparticular, the negligence joint offense causing significant harm to society are alsoincreasingly prominent phenomenon of the results, serious threatening the lives of the people,the normal operation of production and social harmony and stability, especially in the currentjudicial practice departments under the provisions of the Criminal Code has broughtchallenges and difficulties. Therefore, the negligence joint offense in our country becomemore prominent, and not just a legal issue, but has become a social problem, has caused thecommunity, especially the media attention, attention and heated discussion, the situation ispressing, the time is urgent need of this theory of criminal law and criminal legislation tomake timely and positive response. However, China’s current criminal law and the traditional theory that all negativethrough the negligence joint offense, can’t properly handle acts provide the legal basis andtheoretical guidance to the people’s behavior norms and judicial practice has broughtconfusion and problems. November15,2000the Supreme Court issued "a number of issuesspecific application of the interpretation of the law for traffic accident on the trial of criminalcases", that bring the legal basis and joy for the judicial practice to deal with the negligencejoint offense properly, and because of the existing criminal law requirements, resulting inconflicts and contradictions between the Criminal Code and the legislation of judicialinterpretation an certain aspects, but also makes the judiciary in a difficult dilemma. Therefore,China’s outstanding issues of economic and social development and the urgent practical needsfor the judiciary hearing complex cases, require attention of criminal law theory and furtherstudy of the negligence joint offense, provide theoretical support for the amendments to thePenal Code, to provide theoretical guidance for the administration of justice, to amendcriminal legislation to correct the negligence joint offense of reasonable criminal cases tried toprovide a legal basis, to provide legal protection for the economic and social development andhealth sciences healthy functioning of social harmony, to provide a code of conduct forpeople to develop a strict and responsible behavior and to improve the quality of people.Therefore, shows depth on the negligence joint offense theory, is of great value andimportance of far-reaching urgent practical significance.I always adhere to the scientific spirit of seeking truth from facts and the spirit ofacademic pursuit of truth, and I has taken a comparative analysis, for example of evidence,semantics and law combination, a counter-argument method, summarized the method, theimage analogy, theory with practice and other writing methods, comprehensive collection andstudy of the other related to the previous reference, the full review in the reference study andlearn together at all times on the negligence joint offense doctrine, legislative provisions andjudicial precedents, based on two levels from the empirical and theoretical rigor demonstratedrecognition and the establishment of the reality basis, theoretical basis and legal basis of the negligence joint offense. To put forward the concept of the negligence joint offense and todistinguish the relevant conception with the negligence joint offense. To demonstrate theElements of the negligence joint offense and the establishment of the range, and the criminalthe distribution of income and the introduction of a new restrictive principle as a Resistant isas subject, in order to build a theory of the negligence joint offense system, and madelegislative proposals.This paper is divided into six parts, the text has nearly180,000words, the main contentsare as follows:The first part, comprehensive review of inspection, a reference for the ages Review andcompare all the major countries on the theory of the negligence joint offense doctrine,legislation and judicial precedents, of sorts out the negligence joint offense of our country onthe current theories and results, and the attitudes and practices of judicial criminal trialpractice issues of the negligence joint offense, and made a brief analysis and evaluation,generally more comprehensive and objective grasp of the domestic and international issues ofnegligence joint offense on the research status, as discussed below, the further expansionmade necessary background and theoretical groundwork.The second part, the use of comparative analysis, summarized, for example support,feasibility studies and other negative ways and means of recognition and the establishment ofthe negligence joint offense of the eight major aspects of reality were based on one by oneargument, while also to refute and explain the main points, doubts and arguments of denyingthe negligence joint offense one by one, and then meet on the nature of requirements ofcriminal negligence and common crime, and meet the objective and subjective unity, the mainprinciples of criminal law and other essential requirements are described, and theestablishment of the negligence joint offense can learn the legal requirements at all timesconducted a comprehensive analysis and summarized, this, in order to demonstrate theestablishment of the negligence joint offense provides a solid practical basis, the theoretical basis and legal basis, while also recognition and demonstrated the need for the establishmentof the negligence joint offense feasibility.The third part, the establishment of the earlier text argument on the basis of thenegligence joint offense, through a comprehensive analysis and comparison of strengths andweaknesses of the main scholars of negative and positive current to define the concept of thenegligence joint offense. standing predecessors have been some basis, then put forward theconcept of the negligence joint offense, and profound analysis the theoretical concepts andlegal concepts, as well as the negligence joint offense and the common negligence offense,the negligence joint offense and the competing criminal negligence and other competingacademic circles confused the difference and connection between the concepts, thus toprovide a unified platform for all scholars of the criminal theorists to discuss the negligencejoint offense for the future, in order to avoid different interpretations of the same concept ofchaos caused by internal friction and resources to clarify the occurrence of such phenomenadifferent meaning and connection between the concepts.The fourth part, on the basis of the establishment and the clear concept of the negligencejoint offense, to present a theoretical system of the negligence joint offense, that iscomprehensive analysis of of the joint duty of care for the content, features, origin, contentand ability to judge, and the establishment of the main elements of the negligence jointoffense, the subjective element, objective elements and other major constituents. Based on thetheory of the negligence joint offense Fault-Elements, this part discusses on the establishmentof a range of the negligence joint offense and to offender a scientific classification of thenegligence joint offense. And to prove the abetting acts of negligence, negligence helpingbehavior, consequential offense of negligent acts to the establishment of the negligence jointoffense, and the theory and practice are more concerned about community supervision andextensive hot and units of negligence constitute a negative argument for the negligence jointoffense. While November15,2000the Supreme Court issued "a number of issues specific application of the interpretation of the law for traffic accident on the trial of criminal cases",commons on the relevant assessment of the negligence joint offense.The fifth part, on the basis of the text demonstrates the previous and proposed theestablishment of the negligence joint offense and the theory of joint criminal system, theprinciples of sentencing of the traditional theory and criminal law provisions wereretrospective, and thus made for the negligence joint offense should follow the basic principlethat should apply the principle of shared responsibility, full responsibility for some acts ofprinciple and the principle of differential treatment, and the co-perpetrator of each fault themain basis for the allocation of responsibilities are described, which acts according to thedegree of subjective fault, of their status, role, and their negligence and harm the cause ofpower between the results and other factors determine the specific criminal responsibility, andstrictly limit the principle of the introduction of the trust responsibility as a joint criminalnegligence negates the reason.The sixth part, on the basis of the earlier on the recognition and the establishment of thenegligence joint offense, I made the proposed amendments to the Penal Code, to redefine thelegal concept of common crime, the common intentional crime and the negligence jointoffense are two statutory forms of the common crime, and help guilty of negligence and faultinstigator are also included in the Criminal Code to be expressly provided in the General, andmade a legislative proposal for sentencing.