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The Theory Study Of The Offense Of Joint Negligence

Posted on:2005-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:D XiaoFull Text:PDF
GTID:2156360125956192Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The issue of the offense of joint negligence has been discussed for a long time domestically and abroad. And the key point of this controversy is whether the act of joint negligence can constitute the crime of conspiracy. The view of the most legists in china is a negation of the offense of joint negligence. In the last years, however, some scholars have queried this view, and so has the author. This thesis gives details of the standpoints of the scholars in Germany, Japan and China. And then, the author expands on how the act of joint negligence constitutes the crime of conspiracy, according to the legislative authority and the legal characters of the offense of joint negligence. Based on these theoretical analyses, the author explains the principles of conviction and sentencing and the distribution of criminal responsibilities as well.This thesis is composed of four parts. Introduction, as the first part, includes the origin of the theory of the offense of joint negligence and the original intention of the author. Secondly, the chapter I consists of two section, in which the author describes distinguishingly the fruit produced by domestic and foreign scholars and some cases. In this chapter, the offense of joint negligence is characterized as the crime of conspiracy after this crime is affirmed. Thirdly, the offense of joint negligence is defined before being classified. Meanwhile, the instigator of negligent offender and the accessory of negligent offender are considered not to be punishable. Such discussions are all in the chapter II. Finally, in two sections of the chapter III, the author studies the principles of conviction and sentencing and the distribution of criminal responsibilities.
Keywords/Search Tags:Offense of joint negligence, Crime of conspiracy, Coincident offense, Instigator of negligent offender, Accessory of negligent offender
PDF Full Text Request
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