Study On Offense Of Joint Negligence

Complicity has been always a disputed topic in criminal law system, and the establishment of Offense of Joint Negligence has become a focus of the scholars in recent years. With the pace of judicial practice and theoretical researches, Offense of Joint Negligence has come into sight and received much acknowledgment by many foreign scholars. In our criminal law in force, complicity means two or more actors commit crime jointly and intentionally, and thus excludes Offense of Joint Negligence. Meanwhile, Offense of Joint Negligence is not accepted by scholars. However, Offense of Joint Negligence actually and objectively exist and the serious social harm it bring about requires that criminal law should acknowledge Offense of Joint Negligence and regulate it as a type of crime. This essay, beginning with the theoretical disputes of Offense of Joint Negligence, analyze the necessity and feasibility of establishing Offense of Joint Negligence. Besides, this essay discusses the definition, constituting elements and scope of Offense of Joint Negligence. This essay defines the offenders in Offense of Joint Negligence as joint principal offenders and thus conclude some principle in determining the offenders'criminal liabilities.Besides introduction and Conclusion, this essay is divided into the following four parts:The first part is the general introduction of Offense of Joint Negligence. In this part, the author first introduces dominant foreign legislations and theories on Offense of Joint Negligence. Based on the analysis, the author further analyses the theories of "joint act" and "joint crime" which respectively are the theoretical basis of affirmation theory and negation theory. Besides, the author analyses the status quo of the research on Offense of Joint Negligence in our country.The second part mainly focuses on the establishing grounds of Offense of Joint Negligence. First, the author points out the stands of Offense of Joint Negligence and then analyses the necessity of establishing Offense of Joint Negligence:Offense of Joint Negligence do exist and have serious social harmfulness; establishment of Offense of Joint Negligence is needed to divide the criminal liabilities of negligent actors; and the problem of aggregated consequential Offense can not be settled without Offense of Joint Negligence.The third part focuses on the definition and constituting elements of Offense of Joint Negligence. By analyzing different definitions in our country, the author brings forward a definition of Offense of Joint Negligence and lists out three constituting elements of Offense of Joint Negligence, among which, the author researches mainly on the contents and origin of joint duty of care and points out that the joint duty of care is the core of the constituting elements. meanwhile, the authors points out that joint offender in Offense of Joint Negligence shall be deemed as joint principal Offender but not joint abettor错误!未定义书签。or joint aider.The fourth part focuses mainly on the criminal liabilities of Offense of Joint Negligence. By analyzing the loopholes in the application of the principle of separate punishment in criminal law in force, the author propose that the principle of "partial act, complete liability" shall be applied to punish the joint actor. As to the distribution of liabilities, the degree of negligence of the actor and affecting degree of negligence to the harmfulness shall be taken into account.