Theoretical Analysis And Legislative Improvement Of Joint Neligence Crime

Criminal law scholars on the joint negligent crime can include areas of common crime, has been debated for a long time. Based on different positions, there are three kinds of claims :affirmative theory, negtive theory and limit certain theory . At the same time, due to the impact of different theories, different countries have different legislation. In our country, because there is no joint negligent crime legislation established a joint crime, criminal theories also hold the negative position. However, based on the needs of criminal legislation and justice , I proposed that the joint negligent crime should be classified as joint crime. On this basis, the joint negligent crime should be limited to the joint- perpetrators, and in this case we describ his criminal liability.The 3-thousand words article can be divided into six parts: The first part is a dispute about theory of the joint negligent crime and legislative review, mainly introducing the domestic and foreign theory of the joint negligent crime and the legislative debate.The second part demonstrates the theoretical and practical basis that the joint negligent crime belongs to joint crime. In theorical and practical aspects, it has important significance to certain the joint negligent crime into joint crime. In the third part,the concept and components of the joint negligent crime are expounded and constructed. The fourth part defines the scope of joint negligent crime,comparing to the responsibility of criminal negligence and supervision. The fifth part describes the criminal liability of the joint negligent crime.The sixth part is the legislative suggestion of the joint negligent crime .