Study On The Offense Of Joint Negligence

For long time, the problem of the offense of joint negligence is always endless discussed domestically and abroad. According to different positions, scholars have three kinds of assertions, including affirmative theory, negative theory and restrictive theory. And because of suffering the different theory, all countries lawmaking have different positions. The view of the most legists in china, as well as laws in effect, is a negation of the offense of joint negligence. However, with the development of our country's industrialization, high-tech and extensive application,the phenomenon of the offense of joint negligence is increasing. Because the current PRC Law stipulates "Two persons or above who have committed an unpremeditated crime will not be charged with joint offenses. In case that they should bear criminal responsibilities, they should be punished according to the crime they have committed respectively." and it makes the offense of joint negligence is not sentenced exactly and can't suppress this kind of crime. Traditional crime theories can't explain this reasonably. According to this, the writer thinks that the offense of joint negligence should be included in the system of joint crime of our country, at the same time, basing on the consideration of the crime suppression, the writer thinks the offense of joint negligence only includes the joint negligence principle offender. And, the writer think we should define the scope of the joint negligence using the'matching the mistake'abroad,to set up the joint crime system of our country more reasonably. Beside the surface, this text is divided into five parts, roughly 50,000 words.Chapter One: A summarized account on the problem of the offense of joint negligence. This part is the theorical foundation of the full text, introducing the different theory of the offense of joint negligence,the lawmaking and theories of present research in our county and other countries, and the basis for the establishment of the offense of joint negligence.Chapter Two: The definition,constitutive elements and scope of the offense of joint negligence. This part discusses the definition, constitutive elements. It proves that the offense of joint negligence only includes Joint negligent principle offender through discussing the instigator of negligent offender, accessory of negligent offender and joint negligent principle offender.Chapter Three: The criminal liability of the offense of joint negligence. According to the writer, the principles of the criminal liability of the offense joint negligence are the total liability and the principle of separated treatment.