The Theory Study Of The Offense Of Joint Negligence

On account of different understanding of intension and extension about the definition of Joint Offense,there are different Views on the question of whether Joint negligence do accord with the traditional theory of Joint Offense.But the Offense of Joint Negligence has already being turned into an assignable and objective social phenomenon in real life and judicial practice,many serious accidents were caused not by individual but by many people because of their negligente jointly conduction. It is necessary to research further into the Offense of Joint Negligence. Many former legists of the Criminal law in domestic and abroad have a lot of in-depth study for the Offense of Joint Negligence,propose the conviction and sentencing of the Offense of Joint Negligence be same as the Joint Offense.Based on the theory and practise of the Offense of Joint Negligence in domestic and abroad,this thesis focuses on the following propositions,they are theoretical bases of the the Offense of Joint Negligence,absolutely necessarily elements of the Offense of Joint Negligence and criminal obligation of the people conduct the crime.The thesis consists of five parts:Introduction,includes the original intention of the author, and the concept of the the Offense of Joint Negligence.Chapter One: the theoretical bases of the the Offense of Joint Negligence. The chapter consists of three section,presents the main opinions of the Offense of Joint Negligence in domestic and abroad,reviews the legislative status of the the Offense of Joint Negligence and judicial practice,and the opinion to the Offense of Joint Negligence of the author.Chapter Two::the theoretical construct of the Offense of Joint Negligence. The chapter consists of three section. First, for the aim of certify the rational bases of the Offense of Joint Negligence,analyese the Offense of Joint Negligence from three aspects,theoretical basis,practical means and feasibility of accepting the Offense of Joint Negligence. Also discuss it is no practise sense for accepting the negligent instigation and helper. Second,on the premise of accepting the Offense of Joint Negligence,the author constituting the Offense of Joint Negligence need legal subjective and objective factors. Third,discuss the principle of taking the penal responsibility,the principle should be"Part action takes whole obligation".But during determining criminal obligation of different criminals,we should consider factors influencing the distribution of criminal duty such as the ability of notice and the degress of violation.Chapter Three: the correlative question research to the Offense of Joint Negligence. The chapter consists of two section,focuses on the sameness and diffrence between joint negligence and coincident negligence, believed that under the situation of the coincident negligence,could not punish as the Offense of Joint Negligence,the conviction and sentencing could not as the principle of"Part action takes whole obligation". The last part of this Chapter analyses the possibility of transformation of joint negligence ,it is belived that joint negligence crime have the possible change from joint negligence to joint intent crime.Epilogue, recapitulative repeat the opinion of this thesis.In conclusion,the research of the Offense of Joint Negligence will not only be benefit to perfecting the theory of current joint crime,but also conform to the real trend of the times and resolve the difficult problems of distribution of penal responsibility. The author would appreciate if experts and researchers will give their comments and advices.