Common Criminal Negligence Discussed

The joint offense is in our country society the long-standing one kind of objective crime phenomenon, For long, The people thought that the joint offense behavior only contains the intentional act, Regarding the negligent act thought that does not belong to the joint offense category, But along with the science development, joint negligence's criminality increases gradually. Presently, in various countries, regarding the joint negligence behavior's research is more and more, simultaneously has about the joint negligence crime dispute is also quite big, current, the theorists mainly have two kind of understanding regarding the joint negligence crime's manner: Definitely mediated the denial to say. definitely said that said together take the behavior as the cornerstone, acknowledged that the joint negligence crime the existence, the denial said said angle embarking together from the crime, denied the joint negligence crime. The author thought that along with technical unceasing development, it is the necessary correct treatment joint negligence crime, objective regards the joint negligence crime, this article from affirmation joint negligence crime angle embarking, thought that in our country acknowledged the joint negligence crime has certain significance.The author prepares from following four aspects to conduct the research and the analysis to the joint negligence crimeJoint negligence crime rationale and legislative present situation. This part is the article theory beginning. To the joint negligence crime's research present situation, domestic and foreign has carried on the discussion separately to the joint negligence crime's manner Mainly has analyzed mainland legal system Germany, Japan, Italy and France to the joint negligence crime manner, pointed out that overseas in the theory and the legislation acknowledged the joint negligence crime has profits from the significance importantly proposed that our country should establish the accurate joint negligence crime the concept.Joint negligence crime establishment basis. Mainly analyzed our country in this part to acknowledge that the joint negligence crime the reason, has simultaneously analyzed the joint negligence crime tenable condition, including main body, object, objective aspect, subjective aspect. Simultaneously elaborated the joint negligence crime's classification and the scope, including the principal offender, the abettor and help the commit.Has mainly analyzed the joint negligence crime legal responsibility question in this part. Has analyzed the common perpetrator's legal responsibility question emphatically in this part of author, proposes the joint negligence crime discretion of punishment principle, and responsibility share, so that better analysis joint negligence legal responsibility question.In the article last part, the author attempts in the judicial practice to seek the joint negligence crime the shadow, as well as whether tracks down the joint negligence to adapt our country present criminal law to stipulate, but also includes in the joint negligence crime some hard problem processing.This article aims at some discussion which theoretically in the joint negligence crime the behavior carries on, if applies in the practice, will also have many roads to walk, how to solve in the judicial practice about joint negligence crime question, but also need more thorough study.