On Fault Common Crime

As a unique concept in criminal law, joint offense is undoubtedly an important part of the theory of criminal law, which is widely applied in practice. Although joint negligence crime is not a new topic in the theory of joint crime, yet it is entwined with joint offence and is full of disputes. This thesis begins with the value of the establishment of the joint offense system and then studies such issues as the requirement of the establishment of joint negligence crime and punishment gist in terms of the crime theory, combined with the objective analysis and comparison of the two theories namely "the theory of offense in common" and "theory of behavior in common". The whole thesis is composed of 4 chapters namely "the origin of the system of joint crime" ,"the theoretical dispute on joint negligence crime","the analysis of the establishment of joint negligence crime", and "legislative fabrication of joint negligence".Chapter One: " the origin of the system of joint crime" is made up of 3 sections. Beginning with the history of the joint crime theory, t probe into the legislative values of the joint crime system by the study of the Continental law system, British and American law system and the ancient Chinese legislation on joint crime.Chapter Two: the disputes on the theories of joint negligence crime. Starting with the overseas legislation, practice and theories of joint negligence crime, further analyze the background of the theory of offense in common and the theory of behavior in common and their respective advancement and limitation. At the same time, give an introduction to the opinion on joint negligence crime held by the legislative field in our country.Chapter Three: The analysis on the establishment of joint negligence crime is the core of this thesis. Based on the aim and values of joint crime, explain the establishment gist of joint crime in detail in the aspect of theory, evidence and law. On the basis of the animadversion of codism, further explain the practical meaning of admitting the joint negligence crime by means of judicatory explanation and practice.Chapter Four: legislative fabrication of joint negligence is another key point of the whole thesis. This chapter delimits the concrete concept, adaptable field, type and the punishment principle of joint negligence crime and provides a applicable means for the theory of joint negligence to be put into practice.