Research On The Issue Of Joint Negligence Crime

Joint negligence crime refers to the crime that the negligent behaviors of two or above actors jointly cause one or several illegal results. As the counter-part of joint intent crime, joint negligence crime is also one form of joint crime. Although the traditional criminal theory only has agreed on the joint intent crime, from the essence of negligence crime and attribution of joint crime, affirmation of joint negligence crime is necessary and possible. Three special requirements are required for the establishment of joint negligence crime: joint duty of care, joint criminal behavior and joint negligence. According to the functions of the criminal in joint crime, joint negligence criminal can be divided into three kinds: joint negligence principal, negligent abettor and negligent accessory. Among the joint negligence criminals, the principle of "part performance and total liability" should be put into application, and should undertake criminal liability of joint crime.The total paper is divided into five chapters, which involves about 36,000 words.The first chapter is the general view of the issues of joint negligence crime. Legislations, legal practices and doctrines of the countries of the world are mainly introduced.The second chapter is the base of joint negligence crime, which is further divided into three parts: the first part discusses the basic view point of joint negligence crime, the second part discusses the necessity of affirmation of joint negligence crime, the third part discusses the possibility of the affirmation of joint negligence crime.The third chapter is the joint negligence principal crime and its criminal liability. The special conditions for the establishment of joint negligence principal crime and the way by which criminal liability is undertaken are mainly discussed.The forth chapter is the joint negligence accomplice and its criminal liability, which is further divided into two parts, The special conditions for the establishment of joint negligence accomplice and the way by which criminal liability is undertaken are mainly discussed.The fifth chapter is the other issues of joint negligence crime, which is further divided into three parts: the first part discusses the issues of joint negligence crime in aggregated consequential crime. The second part discusses the relationship between the supervisory negligence and joint crime. The third part discusses the several regulations in the judicial interpretation of the Supreme People's Court of the PRC.