Study On Offense Of Joint Negligence

The issue of the offense of joint negligence has been discussed domestically and abroad. The traditional criminal theories are negation of the offense of joint negligence. Criminal Law of our country provides : A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; those who should bear criminal responsibility shall be individually punished according to the crimes they have committed. However, In legal practices, the phenomenon of the offense of joint negligence is increasing due to the failure of joint duty of care and jointly produce a harmful consequence . If according to the principle of separated treatment of the offense of joint negligence, it makes the offense of joint negligence is not sentenced exactly and reasonably. Therefore, this thesis is based on detailed analyzing the standpoints of the offense of joint negligence of Germany,Japan and China, gives the realistic meaning and the theoretical basis of the offense of joint negligence as a Joint crime, and detailed analyze that the criminal responsibility of the offense of joint negligence is as same the principles of conviction and Sentencing as a Joint crime.Beside the surface and addition conclusion, this thesis is composed of five parts.Chapter one introduces the different theories of the offense of joint negligence and the lawmaking in Germany,Japan and China. Charter two detailed analyzes the realistic meaning and the theoretical basis of the offense of joint negligence as a Joint crime. Chapter three analyzes the definition,constitutive elements. Chapter four analyzes deeply the relationship of the offense of joint negligence,supervisory negligence and aggravated consequential offense. Chapter five studies the principles of sentencing of the offense of joint negligence and distribution of criminal responsibilities. The principles of the criminal liability of the offense of joint negligence are the principles of "full liability for partial involvement" and the principle of trust.