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Research On Joint Negligence Crime

Posted on:2011-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2166360308967921Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Joint negligence crime is pattern of joint crime,which means two or more persons who bear the common obligation have to prevent the harm results because of the perpetrator in breach of the obligation for crime negligence.As an objective form of joint crime, we can't consider the joint negligence crime out of joint crime according to the Criminal legislation and the Traditional criminal law theory. Studying on the legislation about joint negligence crime in the world, we can find many counties accept the joint negligence crime, and some countries even clearly set the joint negligence crime in their laws.However, in our own country, the joint negligence crime is not seen as a joint crime, which is a common cognition.On the basis of the theory and practice,the joint negligence crime is a joint crime. First,we can proof it from criminal law, criminology and criminal policy. On the other hand,what the practice based is the objective existence of the joint negligence crime, bridging the gap between our legislation and judicial urgently and the convergence between the criminal and the civil law.The essential elements of joint negligence crime include subject,subjective and objective. We can set up a joint negligence crime, if only these three elements appear at the same time.What the range of the joint negligence crime should be limited to the joint negligence principal criminal,excluding the instigator of negligent offender and accessory of negligent offender. The conviction and sentencing of the joint negligence crime should follow four principles:the part of action should be undertake full of the responsibility, shared responsibility, guilt conceited and the principle of prohibition of double evaluation.The criminal liability for the joint negligence crime should depend on the level about the duty of care and the size of reasons.Besides,we also should to insist on the principle of consistent subjective and objective.Therefore, we should reconstruct the theory of joint crimes in order to making the joint negligence crime included in the joint crime.At the same time, we can embody it in the legislation for the purpose of the practice better.
Keywords/Search Tags:Joint crime, Joint negligence crime, Joint duty of care Joint negligence, Joint negligence principal criminal
PDF Full Text Request
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