On Unpremeditated Common Crime

The issue of the unpremeditated common crime has been discussed for a long time domestically and abroad. 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 unpremeditated common crime. In the last years, however, some scholars have queried this view, and so has the author. As the counter-part of common intent crime, unpremeditated common crime is also one form of common crime. Although the traditional criminal theory only has agreed on the common intent crime, from the essence of negligence crime and attribution of common crime, affirmation of unpremeditated common crime is necessary and possible.Unpremeditated common crime denotes the common offense pattern made by two more actors having the duty of paying common attention, for their common negligence, who jointly executed or facilitated the act violating the duty of common attention, and finally resulted in dangerous consequence. Three special requirements are required for the establishment of unpremeditated common crime: joint duty of care, joint negligent behavior and common negligence. Among the unpremeditated common criminals, the principle of "part performance and total liability" should be put into application, and should undertake criminal liability of common crime.The total paper is divided into four chapters, which involves about 35,000 words. Introduction, as the first part, includes the origin of the theory of the unpremeditated common crime and the original intention of the author.The first chapter is the general view of the issues of unpremeditated common crime. This chapter consists of two sections, in which the author describes distinguishingly the fruit produced by domestic and foreign scholars and some cases. In this chapter, the unpremeditated common crime is characterized as the common crime after this crime is affirmed.The second chapter is the scientific definition of the unpremeditated common crime, which is further divided into three parts: the first part discusses the difference between unpremeditated common crime and the common offense through negligence; the second part discusses the definition of unpremeditated common crime and its constituent elements; and the third part indicates that negligent abettor and negligent accessory may not establish a common crime.The third chapter also includes two sections, in this chapter, the author mainly studies the criminal responsibility of unpremeditated common crime and some legislative proposals.