Study On Offense Of Joint Negligence

For a long time, regardless of legislative or judgement,regardlee of theory or pratice, there has been different views.Many scholars are negation of the offense of joint negligence based on current law or the traditional criminal theories. However, more and more scholars began to re-examine the offense of joint negligence with the change of society and development, as well as the difficulties in dealing with some cases. Some new theories have emerged.This thesis is composed of three parts. The discussion will focus on follow aspect.First,author recognized the offense of joint negligence,the offense of joint negligence should be included by joint criminal syytem.For this,the article will supply a case which court did not deal well. Then author will propose a solution by summrizing points of view and laws.Second,though more and more scholars are negation of the offense of joint negligence,the views of these scholars are not uniform.Author think that the offense of joint negligence shoule include fault implementation and fault abetting.In addition, the judicial interpretation about trialling the case of traffic accident which released by supreme people's court prescribe:"passsenger and other related personnel instigate perpetrators who cause a traffic accident to flee the scene and cause the victim death finally because of lacking help."the core of debate is that traffic offense as criminal negligence can not set up a common criminal negligence.Author join traffic accident case as a starting point for discussion,leads to the theory of joint criminal,through the criminal law "traffic trouble" interpertation,draw their own conclusions and to identify the root which cause the problem.