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On Joint Negligence Crime

Posted on:2010-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:R LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The overseas scholar carries on the re-understanding and discuss about joint negligence crime very early, the overseas legislation has also presented accommodate or tolerate provisions about joint negligence crime. In our country, no matter the academic circle or the legislates all have reject attitude to joint negligence crime. Although article 25th of our country's criminal law acknowledgement the existence of joint negligence crime phenomenon, it does not take it as joint offense. In the concrete judicial practice, the legal responsibility about the joint negligence behavior is also totally processed with the principle of separated punishment. Although our country's criminal law can maintain the mercifulness about joint negligence crime, but it is difficult to convict and sentence for the numerous joint negligence crime which endanger our society seriously in judicial practice, this also does not correspond to the principle of penalty-incrimination and it can not hold back the occurrence of such crime. Under our country's present criminal law, it is difficult to confirm joint negligence crime, but it is reasonable to establish joint negligence crime in legislation.This article includes five parts.Part 1, summary of the joint negligence crime, including the theory debate about joint negligence crime, the legislation and case of different countries, our country's legislative vicissitude and judicial practice about joint negligence crime.Part 2, the necessity for our county to establish the joint negligence crime theory. Firstly, the objective existence of joint negligence crime phenomenon; Secondly, the establishment of joint negligence crime is very important for social development, correctly solution of criminal responsibility, prevention of crime, protection of society, convenience of lawsuit and reduction of the lawsuit cost.Part 3, the definition of joint negligence crime, including the concept of joint negligence crime, the constitution element of joint negligence crime, the difference between joint negligence crime and competing negligence crime. The joint duty of care hold important position in the joint negligence crime's constitution element, it is the prerequisite of whether a joint negligence behaviour can constitute a joint negligence crime or not, therefore, we need to defined the characteristic of joint duty of care, the source of joint duty of care and the ability of joint attention.Part 4, the tenable scope of joint negligence crime. The author thought that the joint negligence principal offender theory can be established, and the negligence abettor or the negligence assist offender is untenable.Part 5, the criminal responsibility of joint negligence crime. The author thought that we should abandon the principle of separated punishment in our present criminal law, instead, we should adopt the principle of joint responsibility and the principle of distinction responsibility. In the view of responsibility assignment of joint negligence crime, the negligence degree, the intimate degree of negligent act and harmful result are all primary factor which affect the criminal responsibility. Moreover, the author thought that the faith principle is also suitable to determine the responsibility of joint negligence crime.
Keywords/Search Tags:Joint Negligence Crime, Joint Duty of Care, Joint Negligence Principal Offender, Joint Responsibility
PDF Full Text Request
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