A Research On Joint Negligence Crime

Joint negligence crime is an objectively existing form of joint crime, which is worth studying. We cannot ignore its significance, due to the deficiency of legislation and the negative manner in traditional Crime Law theory. With the rapid development of technology and the detailed social division of labor, a large number of severe casualties, especially the maritime casualties, have been due to the act of joint negligence rather than the independent negligence act. Obviously, this thesis tries to set forth the harmfulness of joint negligence crime, which has been triggering more and more theorists’ attention in the past years. Based on the existing achievement, author summarizes the former theoretic research and states some new viewpoints related to some issues of joint negligence crime.The whole thesis is divided into five parts.In the first part, numerous existing cases of joint negligence crime are cited and the conflict of judicial interpretation with the legislation in China is also pointed out, which put forth the theme of joint negligence crime.In the second part, author summarizes former debates of the definition of joint negligence crime, introduces correlative theories in domestic and abroad, then finally states author’s own opinions.In the third part, starting with the constitutive elements of joint negligence crime, author analyzes various kinds of theories and puts forward a concept that joint negligence shall be applicable to the Four-Element Theory, each element is dissertated in detail, respectively.In the fourth part, the constitutive range or category of joint negligence crime is discussed, as it is acknowledged as one form of joint crimes. Author questions if the joint negligence crime is the same as intentional crime in complicity, which contains the joint principal offender, the accessory and the instigator. Having discussed this question, author provides with some correlative viewpoints. In the final part, citing some classic oversea judicial precedents and one-time legislation cases in Chinese history, author suggests some legislative proposals for joint negligence crime.