On Joint Negligent Crime

Whether a joint negligent crime should be regarded as a joint crime has long been a topic of debate in China. The position of traditional legal theory is negative, however, more and more scholars, including the author of this paper, began to take a positive position in recent years. Based on the discussion of domestic and foreign scholars, this paper gives detailed illustration of the theoretical basis of joint negligent crime, analyzes the formation and types of joint negligent crimes, and classifies the participants of a joint negligent crime into negligent principal, negligent instigator and negligent assistant. The author is of the opinion that the principle of "full liability for partial involvement" should be applied in determining the criminal responsibilities of participants of a joint negligent crime.The paper consists of 4 chapters. Chapter one is an introduction of the basic issues of joint negligent crime, including relevant theories, legislations, and debates in judicial practice, both home and abroad. The second chapter gives the theoretical basis of joint negligent crime and further affirms the significance of joint negligent crime theories. The author declares that joint negligent crime theory is actually in accordance with the principle of conformity of subjective and objective aspects. Chapter three mainly discusses the theoretical determination and constitution of joint negligent crime, the difference between joint negligent crime and joint intentional crime, the classification of participants of joint negligent crime, and the types of joint negligent crime as well. The last chapter elaborates the partition and punishing principle of criminal responsibilities in joint negligent crimes.