On Joint Negligent Crime

Offense of Joint Negligence the objectively existing common social phenomenon is repudiated by the Criminal Law of People's Republic of China. Following the developing of the society, the crime rate of Offense of Joint Negligence has been booming, which also has been increasing the harmfulness to the society. The Criminal Law provides the Offense of Joint Negligence is judged by the crime liability of each criminal, nonetheless, the judgment and penalty by juridical practice usually deviate from the law provisions. Legal theorists also argue if Offense of Joint Negligence sets up Joint Offense. The major discrepancies are: two opinions: positive and negative. The writer agrees with the positive opinion and believes the Offense of Joint Negligence shall be Joint Offense, and the Offense of Joint Negligence shall be integrated into the system of Joint Offense. The theory and legislation of the Criminal Law shall be completed and the problems arisen from jurisdiction practice shall be settled.This article is founded on real cases, and elaborates the legal regulations of the existing Criminal Law of People's Republic of China and the argument of the legal theorists, and addresses the writer's own opinion, to preliminarily analyze the definition, conditions, and criminal liability of Offense of Joint Negligence,This article is divided into 5 parts: the 1st part is founded on real cases and analyzes the problems existing in the legal practice of People's Republic of China, and comments on the regulations concerning Offense of Joint Negligence in existing Criminal Law. The 2^nd part introduces the theoretical argument on Offense of Joint Negligence and examples of legislation on Offense of Joint Negligence in the other countries, and based on theory analysis the writer's opinion is proposed. The theoretical argument mainly introduces the two opinions if Offense of Joint Negligence sets up Joint Offense. The legislation examples introduce three legislation modes: 1. Repudiates Offense of Joint Negligence sets up Joint Offense; 2. Agrees Offense of Joint Negligence may set up Joint Offense; 3. Conditionally confirms Offense of Joint Negligence set up Joint Offense.The 3^rd part introduces the definition and classifying conditions of Offense of Joint Negligence. Considering the seriousness of the Criminal Law, the classifying sphere is exactly restricted. To avoid exaggerating criminal penalty, only while the Duty of Care is applicable, the Offense of Joint Negligence will set up Joint Offense.The 4^th part introduces the classifying sphere of Offense of Joint Negligence. By analyzing subjective and objective conditions for Offense of Joint Negligence, it is proved Offense of Joint Negligence shall be restricted upon the Joint Negligence Principal Culprit, the instigator of negligence or the accessory of negligence shall not be classified as Joint Offense.The 5^th part introduces criminal liability of Offense of Joint Negligence and it deviates into 2 sections. The writer thinks while judging and penalizing the offender of Offense of Joint Negligence, the negligence degree and harmfulness of the principal shall be taking into consideration.