Study On Negligent Joint Principal Offender

Negligent joint principal offender is an interlocking issue connected by thetheory of accomplice and the theory of negligent offender in the theory of criminallaw.To admit the existence of negligent joint principal offender, helps to solve anumber of joint negligence leading to the occurrence of a result,But it is difficult todistinguish the causal relationship between each negligent behavior and the results ofthe case and the problem of imputation.There are two different kinds of assertions,including affirmative theory and negative theory for the issue of negligent jointprincipal offender.Main opposition point between the two theories is,a.negligentoffender should adopt whether uniform principal offender concept or limitedprincipal offender concept to determine whether negligent joint principal offenderhas the necessity of establishment;b.Negligence joint principal offender whetherexists meaning contact or not, and then it will affect the possibility of negligent jointprincipal offender’s establishment whether exists or not;c.What’s the content ofcommonality of negligent joint principal offender.Combining with the theory ofnegligent crime, negligent joint principal offender possesses the nature of principaloffender,intercommunity and causal factor on its sructure.In the case of principaloffender,on the question of principal offender concept of negligentoffender,negligent offender adopting uniform principal offender concept is thegeneral theory in the criminal law theory in Germany.Theory of simultaneousoffender dismission which denies negligent joint principal offender on the premise ofuniform principal offender concept,whose opinion of denying the necessity ofestablishment of negligent joint principal offender is very powerful.But, negligentoffender under the uniform principal offender concept is difficult to solve a series ofbasic questions of the negligent offender, there are insurmountable defects.If it is considered negligent offender is also a violation behavior of the norms of criminallaw, in the forms of violating code of conduct,there exists the difference betweenprincipal offender and accomplice,negligent offender should adopt the limitedprincipal offender concept. And then the principal offender characteristic ofnegligent offender lies in the dominance possibility existed in the course of causeand effect to the crime’s implementation.While it is not punishable to the negligentaccomplice without this domination possibility.Based on the concept of the limitedprincipal offender of negligent offender, the cases involved in negligent jointprincipal offender is hard to be affirmed as negligent simultaneous offenderaccording to the uniform principal offender concept.As a respond,the establishmentof negligent joint principal offender is necessary.In the case of the issue of intercommunity,whether negligent joint principaloffender regards meaning contact as its necessity is to explore the core issues ofitHowever,joint principal offender deserves a special imputation principle of”all theresponsibilities for parts of behaviors” because it produces the same consequenceyet a different manner leading to this consequence—joint conducts causeconsequence which poessessing intercommunity—as to a separate criminal insteadof producing special danger different from a separate criminal as its imputation basis.There are several theories such as theory of common meaning subject,theory ofcausal accomplice and theory of functional behavior control,those are all theories ofintercommunity,and they are difficultly applicable to negligent joint principaloffender.We should reconstruct the theory of functional behavior control accordingto the different behavior structures between intentional offender and negligentoffender to provide imputation basis for the consequence of negligent joint principaloffender.If we consider that the essence of joint principal offender is reflected by theway of joint behaviors provoking the consequence,and then each actor’s behaviormutually promote and supply to produce functional behavior control for therealization of the crime in the procedure of provoking jointly the consequence,whichis the essential basis of”all the responsibilities for parts of behaviors” for joint principal offender. Further,about intentional offender,due to intent is generic factor ofsubjective illegality,the establishment of intentional offender needs actor’s cognitionand intention as its criteria.Based on above, meaning contact is the requirement ofintentional joint principal offender’s establishment.Only under the meaning contacts,actors share the mutually promoting and supplying relationship.While,aboutnegligent offender with no cognition and intention for the consequence doesn’t havemeaning contact itself at all.Thus,negligent offender has no generic factor ofsubjective illegality,and meaning contact is not requirement of negligent jointprincipal offender’s establishment.Still, a crucial factor of effecting mutuallypromoting and supplying relationship’s formation which existed in the essence ofnegligent offender—violating duty of care—is the requirement of negligent jointprincipal offender’s establishment.In the case of the causality issue of negligent joint principal offender ‘simputation for its consequence,if judge the conformity and illegality of constitutiverequirements to negligent offender under the objective imputation theory,then theestablishment of negligent joint principal offender will come true with the conditionthat several people jointly create the risk is not allowed and the risk achieves for theconsequence.The imputation for its consequence of negligent joint principal offenderunder the specific judgment of three principles namely manufacturing the risk is notallowed,implementing the risk allowed and the extent of protection of theconstitutive requirements is no difference with the objective imputation judgment ofnegligent independent principal offender.The difference is negligent joint principaloffender has intercommunity in manufacturing the risk is not allowed,which is therisk is not allowed is created jointly by several people.The intercommunity ofnegligent joint principal offender lies in mutually promoting and supplyingbehaviors of actors,which jointly leads to the consequence of crime.And theexistence of this intercommunity is count on the premise of mutual monitoringobligation between the actors.Just because of this intercommunity,negligent jointprincipal offender is able to be distinguished from negligent simultaneous offender. Thus,on the issue of negligent joint principal offender has created many newviews.First of all, the principal offender concept of negligent offender isaffirmed,which provides a new train of thought to the the solution of participationsof punishable negligence behind intentional principal offender issue andparticipation others’ committed suicide negligently issue,etc.At the same time it hasbeen clear about the nature of principal offender of negligent joint principaloffender,and it provides a basis for the establishment of the negligent joint principaloffender.Secondly, it gets rid of the perplexed problem whether meaning contactexists in the theory of negligent joint principal offender.Due to the fundamentaldifference between intentional offender and negligent offender on structure,it can’tbe required they have the same establishment condition for the joint principaloffender.The establishment of negligent joint principal offender doesn’t needmeaning contact as a criterion.Thirdly,in the judgment of causality of negligent jointprincipal offender’s imputation for its consequence introducing the objectiveimputation theory is to make the establishment conditions of negligence jointprincipal offender develop in the direction more exquisite and systematic than thetheory of mutual violation with mutual duty of care.No matter the theory or the practice of negligent joint principal offender in ourcountry premises Criminal Law’s definite denial on the establishment of negligentjoint principal offender.It is adverse,under this precondition, not only for the solutionof practical problems,but also for the development of theory of negligent jointprincipal offender itself,which,therefore,is essential to be payed attention torenewedly. The specification structure of article25item2in Criminal Law can befound through the theory of verbal behavior which explains this specification isbehavior specification as well as sanctions specification.As behaviorspecification,this item is aimed at prohibiting the conduct of negligent joint crimecausing infringement results to legal interests.While as sanctions specification,itsobjective is to evaluate the conduct violating the behavior specification.Inconsequence,a judge regards the conduct of negligent joint crime as an evaluation object when he tries cases following this sanctions specification.It is a requirementof confirming whether a negligent joint crime is established before specificconviction and sentencing,so then we can attribute the results to each actor based onabove condition,which provides a specification premise for the theory ofinterpretation of negligent joint principal offender to spread.