Common Fault Of Crime Investigation

Crime common mistakes at home and abroad have been debating in theorists, Scholars based on the different positions, a common fault for the crime also took a different view basically, there are sure,deny and the restrictions sure that three. In this article, argued that crime is a common fault of a common criminal objective existence of patterns, not only on the basis of the provisions of criminal legislation and the traditional theory of criminal law to deny its existence. As a matter of fact in modern society, many major accidents are not caused by a person, but several common mistakes led to the elements in line with the results of the hazard. As a result, in theory to explore the common fault of the establishment of the crime problem is to better prevention and the fight against common crime requirement constructing a Harmonious Socialist Society needs a reality.The adoption of a common fault of general crime, from theoretical level, introduced a crime against the common fault of the theory that different countries around the world together on the legislative status of criminal negligence and common basis for the establishment of criminal negligence. On this basis, co-author of the concept of criminal negligence, constitute elements of the analysis, discussion; at the same time, the common fault of that crime, punishment and the types of issues, such as in-depth discussions; Finally, the combination of our existing relevant provisions of the Criminal Code, Our common fault of crime legislation put forward a sound proposal.This article constitutes a total of three chapters.The first chapter of the main contributes negligence to carry out an overview of crime. The so-called common criminal negligence, is the common duty of care have two or more acts, as a result of the co-pay no attention to jointly implement or contribute to the common duty of care in violation of the act, the results of the harm occurred in a common form of crime. On the common fault of crime, legislative and judicial point of view is the proliferation of disputes about. In the establishment of a common criminal negligence on the issue, there is deny that and say the restrictions say; legislation is not clear; the judiciary is relatively positive and negative case in practice. In this chapter, the author of various countries on the common fault of the theory of crime-related research and legislation to be introduced cases, and Chinese Criminal Law in the Context of the common mistakes committed to explore. This chapter contains three sections. Section I of the analysis of the common criminal negligence related to the theoretical study. Crime on the common mistakes at home and abroad have been debate, scholars based on the different positions, said Basically, there are negative, and I am sure that restrictions on the three advocates say. Deny that the common fault of crime to deny that the establishment of a common criminal. Said to be negative in the past, said Tong. And I am sure that that is a common fault of crimes that constitute a common crime. The restrictions will certainly say that under normal circumstances not to set up a co-accused guilty of negligence, but for special occasions can be guilty of negligence of the establishment of an accomplice.Section II presents an analysis of a common criminal negligence related to the theoretical study. The author focuses on Germany, Japan, France and other civil law countries represented an accomplice of the elements of criminal law theory and to its criminal negligence on the common attitude of the model and process analysis.Section III presents the analysis of the Chinese Criminal Law in the Context of a common criminal negligence. China's "Criminal Law," Tong said that common crime is common intentional crime, does not provide for the common criminal negligence. But China's Criminal Law Amendment (six) on major accidents implicates in the crime to amend the common spirit of the theory of criminal negligence. Traffic accident on the criminal case opened up China to explain the common fault of the criminal practice of judicial precedent. Judicial practice has been common fault of a crime can not be ignored, the existence of an objective social phenomenon.The second chapter to explore the establishment of a common criminal negligence in accordance with is divided into three sections.Section I explore the common fault of the theoretical basis for the establishment of the crime. First of all, from the common criminal punishment on the basis of analysis; Second, the means from the contact analysis; finally, convicted and punished on the analysis.Section II to explore the establishment of a common criminal negligence in accordance with the practice. Recognition of the common fault of crime, social development, which is conducive to punish and contain a common criminal negligence, criminal laws and regulations conducive to the elimination of the conflict between the judicial practice will help to alleviate the burden of proof burden of proof, will help maintain the penalty Balance in favor of benefit to facilitate the proceedings.Section III "abetting" the commission, and commission help Consequential Aggravated possibility of the establishment of a common criminal negligence.Chapter III of the analysis of the common mistakes constitute a crime. This chapter has a three-session.Section I is a common fault of the concept of crime in the setting. The so-called common criminal negligence should be referring to,in the common duty of care occasions, two or more acts of negligence due to the violation of their duty of care, caused by the common law of the same basic content of the results of a crime.Section II of criminal negligence to explore common elements: the main common; the perpetrator has to be to prevent the occurrence of the results against the common duty of care; acts contrary to the common people have the common duty of care, and the common act of negligence leading to the outcome of the legal hazards The occurrence; act in violation of the common duty of care with mental mistakes.Section III on the common fault of the criminal offense of distribution. China's criminal law on the common fault of the criminal responsibility of the distribution of the provisions of the analysis, pointing out its lack of accountability on how to correct common errors of the crime of criminal responsibility to explore.The author concluded that the reconstruction of our theory of common crime, common crime into the common fault of the theory of crime, common crime in order to establish the principle of common criminal negligence exception to the theory of common crime. And bold proposals on Article 25 of China's criminal law to make the following amendments: Article X of the Penal Code, common crime is common between two or more intentional criminal negligence and common crime. Common crime is a deliberate means two or more co-intentional crime; common crime is the fault of two or more violations of the obligations of common ideas and common fault of the implementation of the crime.