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The Research On The Theory Of The Offense Of Joint Negligence

Posted on:2008-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:L HeFull Text:PDF
GTID:2166360215479936Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Joint negligence crime objectively exists as one form of joint crime. We can't consider it out of joint crime because of the lack of legislation and theory. Especially as the science developing more rapidly and the social labor being divided more complexly, a large number of significant accidents happened due to the act of joint negligence rather than the independent action. Therefore, the affirmation of joint negligence crime is not only necessary to punish and prevent offense, but also helpful to realize the harmonious society.Holding the views of acknowledging the offense of joint crime by verious kinds of ways, this thesis discusses the general view of the issues of joint negligence crime, based upon analyzing the advanced theory abroad and comparing the legislations, legal practices and doctrines of the counties of the world. And then this thesis discusses the basis for the establishment of the offense of joint negligence, by vetoing to the negation view and analyses the possibility from essence of negligence crime and joint crime. Meanwhile, it also talks about the necessity of affirmation of joint negligence crime in real society. The thesis then brings forth its own definition, based upon analyzing and commenting the different definitions of the subject matter, and discusses the constitutive elements, such as: joint duty of care, joint criminal behavior and joint negligence. Finally, this thesis discusses the scopes and criminal liability of the offense of joint negligence. In addition to analyze the instigator of negligent offense and accessory negligent offense, this thesis also discusses the Surveillance error, the aggravated consequential offence, and the judicial interpretation of the Supreme People's count of the PRC. Meanwhile, this thesis studies the principles of sentence and distribution of criminal responsibilities. It also introduces the believable principle to keep some cases out of the establishment of the offense of joint negligence.
Keywords/Search Tags:Offense of joint negligence, Joint duty of care, Instigator of negligent offender, Accessory of negligent offender
PDF Full Text Request
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