Rationality Research On The Establishment Of Joint Crime Negligence

To study the development of the joint crime negligence theory, we can findclearly it has always been controversial on both pros and cons. Overall; however, thelatter has superiority over the former in a long run.Back to the criminal law of our country, no matter in theory or legislation, thenegative opinions plays a dominant role in the joint crime negligence theory.Nevertheless, china is in transition, the joint crime negligence pervasive in real worldhas become an undeniable fact with the new criminal pattern emerged in an endlessstream. Because of the social and judicial practice needs, the voice of calling for thelegislation of the joint crime negligence began to appear and gradually formed a jointeffort.For the above reasons, I choose this hot topic at the moment as the direction ofmy study.This paper elaborate the legislation of the joint crime negligence from three parts:The first part, the author intends to begin with the origin of the joint crime negligenceto seek out the theoretical root of the bifurcation problems and then back to reality tolook for the loss of our present criminal law thus to get the conclusion that we shouldestablished the joint crime negligence theory by examine the theoretical divergence,present legislation situation and the practice attitude of country, both at home andabroad.The second part of the article has conducted a profound and comprehensiveanalysis of the establishment of the joint crime negligence theory mainly from thenecessity, possibility and feasibility of it. In this part of the discussion, I separate thissection into three small sections to expound: in the first section, I focus on thenecessity of the establishment of joint negligent crime theory from the valueorientation, research meaning, practical need of the society development andperfecting of the punishment system to solve the criminal liability of the jointnegligence people aspects. In the second section, I described the possibility of theestablishment of the joint crime negligence theory from the social gene, theoreticalfoundation, and legislation blank, judicial confusion and development aspects. In thethird section, I firstly started from the redefinition of the joint crime negligenceconcept and then discuss the requisite elements of the joint crime negligence so as to define the scope of the joint crime negligence on the basis of the joint crimenegligence concept and the key component of it. In the very last portion, I haveexplained the investigation of the criminal liability and the purpose to realize thebalance between the criminal and punishment.The final part, as a summary of this paper, the author ponder over Perfectingthe system of common crime system to get a conclusion that common criminalnegligence should be punished in terms of both the theory and legislation aspects.