Theoretical Research On The Neglignt Joint Crime

As one field in the theory of criminal law, negligent joint crime has been thorough filled with controversy for nearly a hundred years. Different countries take variety of attitudes toward negligent principal in legislation and juridical practice. Logically, principles and exceptions belong to symbiosis. Principles are the standards to deal with conventional matters. Otherwise, exceptions could only be used to settle those special affairs. Acknowledging unpremeditated coprincipal is bound to cause drastic impact on the traditional joint crime system, the purpose of the thesis is to discuss whether and why we admit negligent coprincipal to conduct a systematic research on the substantial problems such as its concept category and constitution.Some countries have accepted negligent joint crime, and many more scholars also have confirmed unpremeditated coprincipal. As it is supported by most academics from the traditional joint crime system, the existing joint crime legislation has been established on the basis of objective imputation. Although opposing negligence coprincipal could preserve "legality" and "stability" of the traditional joint crime system, a considerable portion of criminal liabilities which is caused by joint negligence can’t be reasonably exposed under the seemingly perfect system of current criminal law.The research value of negligent coprincipal leads to a revolutionary diversification of criminal theory. For example, although joint act is the reason of negligent crime, the causation should not be specified; on the contrary, the negligence of each practitioners could only be judged to be light negligence as if it was held by negligent crime individually. The hotspot of these two parts focus on the folio wings: The first is how negligent act can be jointly conducted. It involves what to acknowledge and how to define that concept of negligent crime. The second concerns about intention liaison, entitle its position and intension in joint crime.In the discussion about the foundation of acknowledging negligent coprincipal, inquiring into performance of negligent crime and the intention liaison in the main theory. Negligent crime was once merely regarded as a type of consequence responsibility, but nowadays, it is not only used in Civil Law just as before but also in the theory of criminal law. The thesis disapproves the negligent joint crime concept, and it also holds that there are many kinds of negligent furtherance between them.End to all the above, there exists essential difference between negligent coprincipal and negligent overlap:the latter belongs to individual crime category; the principles they assume criminal liability are far more distant. In the final analysis, we should take adoption of Germany theory about this and form an integrate model on intention liaison in order to solve these troubleshoots in the system of criminal law.