Common Criminal Negligence

The issue of the offense of joint negligence has been discussed for a long time domestically and abroad. And the key point of this controversy is whether the act of joint negligence can constitute the crime of conspiracy. The view of the most legists in china is a negation of the offense of joint negligence. In the last years, in china theory and practice admit offense of joint negligence. Therefore the author expound and prove the necessarian of the offense of joint negligence from theory and practice, discuss the requirements are required for the establishment of joint negligence crime, the type of the offense of joint negligence and the distribution of criminal responsibilities as well.This thesis is composed of four parts. As the first part, introduce the theory of the offense of joint negligence and the legislation of the offense of joint negligence. The theory of the offense of joint negligence include affirmative theory, negative theory and restrictive theory. Also introduce in china the necessarian and lawful meaning of we establish the offense of joint negligence. Affirm offense of joint negligence, stem from society's development and law's need, also is good for perfecting the theory of offense of joint negligence.The second part introduce the concept and condition of the offense of joint negligence. Offense of joint negligence is that two persons who have the criminal duty and attention duty deny the attention duty , deduce to the harming result. The condition of the offense of joint negligence include two persons who have the criminal duty and attention duty, two persons deny the attention duty, the action of persons deduce to the harming result.The third part classify the offense of joint negligence. According to active style, offense of joint negligence classify the same active style and the differente active style. According to rank order of negligence, offense of joint negligence classify the same rank order of negligence and the different rank order of negligence. According to the style of crime, offense of joint negligence classify careless fault, over self—confident...