Study On The Joint Negligence Crime

The joint negligent crime is discussed intensely on the theory criminal law. The focus of this issue is that the joint negligent act is joint crime or not and can be punished according to the principle of joint crime. In our country, most scholars do not agree that the joint negligent act is joint crime. But with the social development and progress, the patterns of crime become more and more multiple and complex. Nowadays in the criminal field more and more scholars accept the joint negligent crime. So we should study on the joint negligent crime systematically and deeply. My paper consists of five parts.The first part is about the outline of the joint negligent crime. In this part theoretical disputes and legislative model of most countries are introduced. In the positive theory and negative theory of the joint negligent crime, I agree with the positive theory. The legislative model of countries is different. Some countries clearly recognize that the joint negligent act is joint crime, and some countries clearly deny that the joint negligent act is joint crime, but others do not clearly provide this problem in their criminal law.The second part is about the basis for the establishment of the joint negligent crime. In theory, accepting the joint negligent crime meet with the nature of joint crime and negligent crime. From the practice point of view, the joint negligent crime exists objectively. If we accept the joint negligent crime, we can solute the criminal responsibility of the convict. This is the need of implementing criminal policy.The third part is about defining of the joint negligent crime. Firstly, the concept of the joint negligent crime is that more than two persons bear joint duty, but they obey their joint duty because of negligence and result illegal consequences. The joint negligent crime is kind of joint crime. Secondly, I provide the elements of joint negligent crime. Secondly, the scope of joint negligent crime only includes the negligent perpetrator, and it does not include negligent instigator and negligent accessory. The last, joint negligence is different of competing negligence, and joint negligence is different of supervise negligence. The last part is about the criminal responsibility of the joint negligent crime. I reflected the traditional criminal imputation principal of the joint negligent crime and then proposed new imputation principal. The specific elements that affect the every criminal' responsibility include two factors. One is the degree of negligence, and another is the degree of contact of act and illegal consequence.