Font Size: a A A

On Offense Of Joint Negligence

Posted on:2015-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:H YangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The theory of joint crime has been one of the most controversial areas in thetheory of criminal law,the establishment of joint crime in recent years has become thefocus of the academic debate. With the development of society, the progress ofscience and technology, the social division of labor is increasingly close, more andmore major accidents have happened.Two or more people’s behavior because ofnegligence leads to the harmful consequences.But the single criminal negligencetheory, is unable to solve this problem. However, the current criminal law of ourcountry and theory for the establishment of joint negligence crime hold the attitude ofrejection, negligence of two or more than two human’s behavior resulted in thedamage is not considered the common crime punishment, respectively. On the basis oflegislation and theory that is not fair, impartial conviction and punishment of seriousharm as a result of the joint negligence crime. In judicial practice, the judge also tendto deny the establishment of joint negligence crime on the surface, in fact "partperformance and total responsibility" principle has always been used.So the authorcalls for the joint negligence crime is joint crime, to better solve the problems in thejudicial practice.The full text is divided into four chapters:The first chapter is about the basic theory of the joint negligent crime which ismainly the definition of the concept of joint negligence crime, this article is discussedon the basis of. The first section clarifies the concept of joint crime to a certain degreeand concepts the joint negligence crime through analysis and reference of differenttheory.The second section is the connotation of a better understanding of jointnegligence crime, the joint negligence crime and unpremeditated common crime, andcriminal negligence and concurrence of negligence crime to distinguish.The second chapter is about the joint negligence crime legislation, precedents,theories at home and abroad. Through the analysis of the offense of joint negligenceof practice and theories of some representative countries and the controversy aboutjoint negligence crime theory, expounds the current situation about joint negligencecrime at home and abroad.The third chapter is assessment of the theory dispute. The first section of thenegative point of view analysis, mainly to regulate negative and lack of subjective connection analysis.The second section of the affirmation, is mainly reference to thecommon behavior theory and the theory of breach of joint duty of care.The last chapter build the joint negligence crime theory, including the jointnegligence crime tenable condition and the scope of the establishment of the jointnegligence crime.
Keywords/Search Tags:the joint negligence crime, the joint crime, subjectiveconnection, the breach of joint duty of care
PDF Full Text Request
Related items