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The Establishment Of A Common Crime Of Negligence Is Based On Research

Posted on:2015-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y J YangFull Text:PDF
GTID:2176330422473186Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
General topics of common crime as a major concern of the criminal law, criminallaw has always been the majority of workers, academics and legal practitioners arehot, but as a focus of common crime, common criminal negligence also caused a lotof controversy throughout the ages, whether theoretical or academic Judicial practicaloperation disputes arising from the process. From one hand, this reflects the commoncrime in itself has a very debatable topic, but also reflects the extent of the criminallaw on common crimes of concern. Is not admit fault common crime that question toreveal such a feature: the complexity of common crimes. But writing is not theintention of this article to challenge this feature, but from some angles and thendescribes the author’s understanding of joint criminal negligence. In real life, manytwo or more common result of negligent acts causing harm examples abound, specificexamples of the sort happened how the judiciary finds it caused a great deal ofconfusion, which highlights the need to be improved in our country as well as on thelegislative level The relative lack of research, it has also become an importantbreakthrough of this writing.The first part of this paper, the concepts from the start, for negligence related tothe concept of joint criminal conduct analysis to define " common criminalnegligence," the connotation and extension of this paper, its purpose is to make mythesis more targeted.The second part of this paper, the theory of the dispute started, the author of thecontroversial conduct a fair evaluation, and thus put forward their own ideas andviews, combined with many countries of the contentious issues in the legislativeprovisions established under this paper to explore, and then from analysis of relevantnational legislation regulating joint criminal negligence may exist, which made histheory views.The third part of the paper is the focus of discussion is the most central part ofthis article. The author of " joint criminal negligence mean contact " first definedaccordingly, which will " mean contact " should be made under different circumstances interpretation. Then from the various actors in a sort of subjectiveduty, should deepen the meaning of contributory negligence of this article. Finally,how to take responsibility from the perspective of attribution between the people andagainst the law and behavioral characteristics of interest to discuss the possibility ofseveral aspects of its establishment. For many there have been in accordance with thecurrent legislation of the case can not be resolved to the evidence put forward by theauthor point of view.The fourth part of this paper, the author put forward suggestions forimprovement of the current provisions on the analysis of common crime, combinedwith article discusses the characteristics of common criminal negligence.
Keywords/Search Tags:Contributory negligence, Mean contact, Established in accordance
PDF Full Text Request
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