By Joint Negligence Crime

The joint negligence crime is the question which the Chinese and foreign criminal law theorists debate unceasingly for a long time, whether establishes the joint offense regarding the joint negligence behavior is this question core is. Our country criminal law logically coherent argument denial joint negligence crime, but also had the scholar to raise the question to the logically coherent argument. This article author embarks from the affirmation joint negligence crime's standpoint, the analysis, has discussed domestic and foreign to the joint negligence crime in the theory and the legislative manner, concerned the reckless crime from the system essence and joint offense angle analyses and so on characteristic proves the joint negligence crime to take the joint offense the theory basis and the practice basis, proposed that should profit from the domestic and foreign acknowledgment joint negligence crime the research results, took one of joint offense shapes the joint negligence crime. At the same time, the author proposed to the joint negligence crime legal responsibility's solution, should determine guilt the discretion of punishment according to the joint offense corporate responsibility principle, follows "the partial behavior all responsibility" the principle and the differential treatment principle, and put forward the legislative proposal.The full text besides the introduction and the conclusion, is divided five parts, approximately 40,000 characters. The first part-joint negligence crime theory and evaluation. .The thesis has analyzed the educational world separately to the joint negligence crime three kind of standpoints, namely definitely said that the denial mediated the limit definitely to say. The second part-overseas joint negligence crime legislative inspection. The thesis inspected national in detail and so on Germany, Italy, Japan, Russia, South Korea, UK and US, Canada, Australia and France legislative manner. The third part-- joint negligence crime establishment basis. In this part separately and practiced two aspect systems from the theory to prove the joint negligence crime establishment basis. The fourth part--has analyzed the joint negligence crime tenable condition and the punishment principle, thought that regarding the establishment joint negligence crime's author, must follow the partial behavior full liability principle and the differential treatment principle. The fifth part,--our country joint negligence crime legislative consummation. The author has analyzed our country joint negligence crime legislative present situation, had pointed out our country criminal law related legislation flaw, and proposed author's legislation offers the word.