Research On Joint Negligence Crime

The issue of the offense of joint negligence has discussed for a long time domestically and the key point of this controversy is whether the act of joint negligence can constitute the crime of conspiracy. The view of the most legists in China is a negation of the offence of joint negligence. Chinese criminal law settled that a negligent crime committed by two or more persons jointly shall not be punished as a joint crime, however those who should bear criminal responsibility shall be individually punished according to the crime they have committed. This item is not scientific. The law does not make the difference between the negligent crime committed by two or more persons jointly and the negligent crime committed by two or more persons at the same time, which avoids the theory argument, but hinders the development of criminal theory of negligence. In the last years, however, some scholars have queried this view, and so as the author. The traffic accident makes crime of causing a traffic accident happening gradually every year. This article stands in the point of some puzzled questions in theory and practice, and analyses them, in order to help determining and resulting this kind of cases rightly in judicial practice.The total paper is divided into five chapters, which involves about 45,000 words.The first chapter is the general view of the issue joint negligence crime. Legislations, legal practices and doctrines of the countries of the world are mainly introduced, the third part discusses the necessity of affirmation of joint negligence crime.The second chapter is the base of the joint negligence crime, which discusses the basic view point of joint negligence crime, and the possibility of the affirmation of joint negligence crime.The third chapter is the joint negligence accomplice, which is further divided into two parts. The instigator of negligent offender and the accessory of negligent offender are considered not to be punishable.The forth chapter is the joint negligence principal crime and its criminal liability. Among the joint negligence crime, the principle of "part performance and total liability" should be put into application, and should undertake criminal liability of joint crime.The fifth chapter is the other issue of the joint negligence crime, which discusses the several regulations in the judicial interpretation of the Supreme People's Court of the PRC.