Research On The Basic Issues Of Offense Of Joint Negligence

People in the field of theory and legislation at home and abroad hold different views on whether the offense of joint negligence is a crime. Currently there are two views on this issue, namely acknowledging joint negligence, un-acknowledging joint negligence. While advocating the research achievements of acknowledging the offense of joint negligence abroad, the thesis also brings forth its own viewpoints that all the actors in the offense of joint negligence should be principal offenders so as to jointly bear the criminal liability. In addition to the introduction, four parts (about three million words) will be needed for illustration and demonstration in details on the issue.Part one---the current situation about the offense of joint negligence in scientific research and legislation. The current situation on the issue in scientific research, the attitudes towards it at home and abroad will be discussed. The thesis combines the analysis of two views about the issue in the field of theory (namely acknowledging joint negligence, un-acknowledging joint negligence), of the attitudes toward the issue in German, Japan, Italy the mainland of China and Taiwan. Based on the analysis, the thesis holds that we should learn from the achievements of the offense of joint negligence in theory and legislation abroad and we should not tenaciously stick to our theories and institutions but adjust them to pace of social development and requirement, therefore to perfect the system of joint crime in China.Part two-the basis for the establishment of the offense of joint negligence. This part adequately expounds the theory of the offense of joint...