Discussion In Neglect Joint Offence

Joint offence refers to the crime committed by two or more persons based on a common purpose. The main feature is all criminals have the same criminal intent through previous communication. With this intent, they play different roles and cooperate with each other, and then invasion of legal benefits occur. Because of this feature, joint offence has more social harms than single offence. Therefore, Criminal Law convicts seriously to joint offence. Both in Criminal Law field and Judicial Practice filed, scholars consider common purpose is the subjective aspect of joint offence. But in past years, some scholars also claimed that faulty behavior caused by two or more people should be judged as joint offence. Regarding this question, scholars made a long-term studies and debates home and abroad. Either from the theory of joint offence or the theory of joint behavior, all scholars hold their point with plentiful reasons and academic supports, which show a contending situation in study of neglect joint offence, extremely enriching the theory of joint offence. These theoretical discussions aroused the follow-ups greatly, and provided many materials to make further research.For great interesting in relevant theories of joint offence, I chose this subject as my thesis, so as to make more study and analysis on this issue. Form last fall I began collecting relevant materials, then I found previous criminal scholars made so many classic in this field, which let me know my shallow knowledge. Through reading, I learnt a lot, though I did met several questions. Most theories in this thesis are just found during this period. Now, let me introduce my thesis briefly.The purpose and meaning of this subject:With development of economy and technology, we need cooperation with many people in both producing field and lives, such as working in air or under high voltage, transporting of explosives, or mining, or manufacturing in large plants. We need all staff's cooperation to finish complex assignment. However, in some cases, some workers neglect their work for personal emotion or problem, which may lead to serious accidents. Meanwhile, other relevant workers also don't monitor or remind them. If accidents happen, all these workers should be judged as neglect joint offence because both of them don't fulfill their duties. This thesis aims at proving that neglect joint offence belongs to joint offence by studying on theories of neglect joint offence, and giving some suggestions on relevant regulations of joint offence in Criminal Law.Content:Firstly, we made a brief summary and comment on the nature of joint offence and neglect joint offence in relevant theories. In fact, the original discussion of neglect joint offence is based on the theory of joint offence and the theory of joint behavior. The main difference between these two theories is just their points of the nature of joint offence. So we discussed this concept at the beginning.Secondly, we summarized some legislations and cases in some representative countries under Continental Legal System or British and American Legal System, and in our countries. We mainly gave samples in Germany, Japan, England and America. We also illustrated historical regulations of joint offence in our country.Thirdly, we studied on the concept of neglect joint offence and relevant elements. In this chapter, we put forward our opinions of joint offence and relevant elements after analyzing previous studies. Meanwhile, we emphasized the key point of neglect joint offence, that is, offending duties with common responsibility. And we also analyzed some cases which didn't belong to neglect joint offence.In the forth part, we discussed criminal responsibility of neglect joint offence. In this chapter, we discussed limitation of allocation of criminal responsibility of neglect joint offence in current Criminal Law, and put forward a more reasonable allocating method, that is, regarding neglect joint offence as joint offence which should take full responsibility to partial behavior. Based on this opinion, when distinguish various responsibilities of different actors, we suggested to judge both from degree of subjective fault and objective duty.Lastly, we discussed the necessity of admiration that neglect joint offence belongs to joint offence. We also discussed limitation and improving method of this issue in current Criminal Law. Firstly, based on both theoretical supports and foreign relevant cases, it is a trend to judge neglect joint offence both for social and legal requirement, which will be better to fulfill Criminal Law's functions to protect legal benefit and human right. Secondly, we think neglect joint offence should be added in article 25 of joint offence in Criminal Law. Moreover, we have doubt about article 7 in Explanation of trial on criminal cases caused by traffic accidents. We concluded that punishment against traffic accident caused by offending traffic rules which is ordered by supervisors, owners or borrowers should be modified. Based on previous analysis, those supervisors, owners or borrowers should be judged as joint offender as well.Research Method:Summarize and comment on previous literature home and abroad, and illustrate relevant laws in main countries of Continental Legal System and British and American Legal System. Through studying on these materials, we concluded that it is necessary to punish neglect complicity the same as joint offence. We also found that some articles in current Criminal Law have place to be perfected.Conclusion:Neglect joint offence belongs to joint offence, which is an objective phenomenon in society. Considering two functions of Criminal Law, that is protecting legal benefit and human right, neglect joint offence should be convicted the same as joint offence, which is different from previous separate sentencing principle. Moreover, article 25 of the Criminal Law should be revised to add content of neglect joint offence and neglect competation. Accordingly, article 7 of judicial interpretation of Traffic offence, namely article 7 in Explanation of trial on criminal cases caused by traffic accidents, should be perfected as well.