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A Study On Joint Crimes In Joint Negligence

Posted on:2017-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:W Q JinFull Text:PDF
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With the unceasing breakthroughs in science and technology in China, there are epoch-making transformations in economical society. Under these circumstances, a variety of changes will be taking place with regard to patterns of social life. A person is not only an individual but also an interdependent social man. Therefore, joint duty of care would be created due to more interactive collaboration in people’s social activities. If a doer with joint duty of care violates his duty of care, it will lead to severe consequences which are hard to predict.In real life, although the frequency of joint negligence offense is not as high as that of joint intentional offense, it does exist in social life, which should be given proper attention. Chinese Criminal Law and conventional theories provide negative limits as to whether it constitutes joint negligence; hence there would be some problems in judicial practice when regulating people’s behavior. In some cases, there even would be conflicts between legislation and judicial interpretation. To delve into joint negligence offense, with the purpose of getting a further clarify of conflicts between theory and practice in terms of joint negligence offense, the essay explores whether joint negligence offense constitutes joint offense in the hope that emphasis could be placed on issues concerning joint negligence offense and problems could be addressed with regard to joint negligence offense in legislation and practice.The essay adopts articles concerning joint negligence offense as references, based on a summary of shortage of legislation and conflicts between legislation and judicial practice in China, and arrives at a conclusion that joint negligence offense constitutes joint offense. The essay also explains the elements which constitute joint negligence offense, the range of the joint negligence offense, the principles of punishment and the division of liabilities, with some legal amendments put forward finally.The essay consists of four chapters, with a total of 33,000 words. The contents are as follows:In Chapter One, problems are presented with reference to legislation of joint offense by introduction of legal cases. Then by analyzing those problems, theoretical arguments over whether it constitutes joint negligence offense are put forward. This part also explains some theories in China and summarizes the key points in arguments.In Chapter Two, this chapter compares legislation, theory and judicial practice of joint negligence offense in Germany, Japan. Italy and Chinese Taiwan, summarizes the legislative experience and theory which are applicable in China, and provides some insights into whether joint negligence offense constitutes joint offense.In Chapter Three, this chapter explains the reasons why joint negligence offense constitutes joint offense by consulting theories in foreign countries and articles by experts on joint negligence offense. Questions concerning the elements which constitute joint negligence offense and the division of liabilities are also discussed in this chapter.In last part, this chapter gives a summary of the viewpoints in the essay and puts forward some amendments with regard to joint offense in Criminal Law in China.
Keywords/Search Tags:offense of joint negligence, joint offense, joint duty of care
PDF Full Text Request
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