Article 25 of Criminal Law of the People's Republic of China stipulates:A joint crime means an intentional crime committed jointly by two or more persons.A negligent crime committed jointly by two or more persons shall not be treated and punished as a joint crime; and if the persons involved shall bear criminal responsibility,they shall be sentenced separately upon the crimes they commit." it can be seen that our country's present criminal law does not acknowledge the joint negligence crime.PeoPle in the field of theory and legislation at home and baroad hold dieffrent viwes on whether the offense of joint negligence is a crime.with the science and technology to be highly developed and society's development, the fields of working of mutual cooperation and supervision can be seen everywhere.That has provided the basis for the joint negligence crime.The joint negligence criminal case emerges unceasingly.In addition to the developpment of criminal theory,The joint negligence crime will be analyzed thoroughly in this paper.This paper(about three million words) divides into five parts.First,dispute about theory of joint negligence crime.Currently there are three views on this issue,namely acknowledging joint negligence,un-acknowledging joint negligence and restrictively acknwoledging joint negligence.In the foundation of acknowledging joint negligence,there are two views--joint act and meaning contact.The author does not approve the view of meaning contac,because meaning contact between the main body is not the essential condition for the joint negligence crime.The author thought that the view of joint act and the view of meaning contact should be synthetically adoptted.because adoptting completely the view of joint act could expand the scope of the joint negligence crime,and adoptting completely the view of restrictively acknwoledging joint negligence could make the scopes of joint negligence crime is not comprehensive.Second,the necessity of legislation about joint negligence crime.In this part,the author analyzes the necessity of legislation about joint negligence crime on the significance of theory and practice.Theoretically,the joint negligence crime conforms to the the principle of domestic criminal theory that subjective and objective are unified.in practice,realizing the criminal law goal needs for it;the judiciary needs for it,and the criminal policy in present-day society needs for it. Third,the concept and essence of joint negligence crime.In this part,the author analyzes the definition and essence of joint negligence crime.Based upon the analysis and comments of deffrent definitions of the subject matter,the thesis brings for its own definition—the offense of joint negligence refers to that two or more actors or units jointly produce a harmuflul consequence due to the failure of fulfilling their duty.Then the thesis analyzes the essence of joint negligence crime—joint notice obligation from aspects of concept,content, origin and fulfillment.Fourth,the scopes and constitutive elements of joint negligence crime.The author thought that the joint negligence crime should include the principal offender of the joint negligence crime,the instigator of the joint negligent offender and the accessory of the joint negliget offender,and has analyzed the basis for the establishment of the instigator of the joint negligent offender and the accessory of the joint negliget offender.Then the author analyzes the constitutive elements of each kind of joint negligence crime.Fifth,the criminal liability of the offense of joint negligence crime.in this part,The author has analyzed factors that influence the criminal liability of the offense of joint negligence crime.we should insist the principle of corporate criminal liability and the principle of difference criminal liability to make the punishment for the offense of joint negligence crime more fair and Reasonable.In accordance with the function of the actors or units in the offense of joint negligence,the actor or units should be categorized into primary and subsidiary offenders of joint negligence so as to bear the criminal liability.Meanwhile the actors'positions and functions in such cases should be considered into the determination of conviction and sentence.. |