Joint Negligence Crime Theory Research

There are many controversial issues in criminal theory and the joint negligence crime is one of them. The issue of joint negligence crime about common crime whether common negligence of two or more persons, common crime "part of the behavior of full responsibility" principle can be applied to the joint negligence crime, these are not unified conclusion. With the rapid development of science and technology, the social division of labor has become increasingly close to the notable features of today’s social development. In such a social environment, many major accidents occur frequently, the result of the occurrence of these hazards are caused by two or more persons jointly negligence, rather than caused by the fault of a single individual. Therefore, we can not ignore the results of the harm caused by the joint negligence crime. However, China academic and legislative reject the joint negligence crime. Although the current legislation can fully reflect the principle of modesty of criminal law of our country, it is very difficult to make a fair judgment of joint negligence crime cases occurred in real life with social harm results,. This is not conducive to the maintenance of social justice, but also not conducive to promoting the development of the theory of criminal law, so I choose to write papers on joint negligence crime.The whole thesis is divided into four parts. It includes proposed with joint negligence crime, joint negligence crime theory dispute, rational analysis of joint negligence crime and construction of joint negligence crime theory. Specifically, this paper starts with joint negligence crime cases and introduces joint negligence crime theory dispute, including foreign and domestic theoretical controversy. After analysis, author will discuss rational analysis of joint negligence crime both from the theoretical basis and practical basis to prove the establishment of the joint negligence crime. In the final part, author build the theory of the joint negligence crime. It includes the concept of negligence crime, constitutive requirements of joint negligence crime, the range of the joint negligence crime and joint negligence crime of criminal responsibility. Although my paper is superficial, I hope these ideas can beneficial to China to build the theory of joint negligence crime.