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On Joint Negligent Crime

Posted on:2008-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:W Q XuFull Text:PDF
GTID:2166360242959478Subject:Law
Abstract/Summary:PDF Full Text Request
Whether a joint negligent crime should be regarded as a joint crime has long been a topic of debate in China and foreign countries. The position of traditional legal theory is negative; however, more and more scholars began to take a positive position in recent years. The author of this paper also take this position, Based on the analysis of joint negligent crime by domestic and foreign scholars, this paper illustrates in detail the necessity and feasibility of joint negligent crime both in theory and practice, analyzes the formation of joint negligent crimes, and classifies the participants of a joint negligent crime into negligent principal, negligent assistant and negligent instigator. The author is of the opinion that the principle of"full liability for partial involvement"should be applied in determining the criminal responsibilities of participants of a joint negligent crime.The paper consists of 5 chapters. The first chapter is the introduction, proposing the thesis. The second chapter gives the theoretical basis of joint negligent crime, mainly introducing the disputes of joint negligent crimes in China and foreign countries and confirming the important meaning of joint negligent crime of establishment. The third chapter, dividing into 3 parts, mainly discusses the theoretical determination of joint negligent crime. The first part treats the constitution of joint negligent crime, the second part is about the difference between joint negligent crime and compete gathers the error crime and the third part is the classification of participants of joint negligent crime. The fourth chapter elaborates the partition and punishment principle in joint negligent crimes. The last chapter is the conclusion, putting forward the proposals.
Keywords/Search Tags:joint negligent crime, joint crime, joint duty of care, full liability for partial involvement
PDF Full Text Request
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