Study On Offense Of Joint Negligence

The research on joint crime occupies an important position in Chinese criminal law theory. Because of itscomplexity of theory and our country’s special development process of the law, Chinese criminallaw has not been perfect for its regulation. In order to addressing the integrity of joint crime in theory, theauthor thinks that it is necessary to introduce the theory of joint negligence crime. This theory has beenwidely studied in the continental law system, especially in the Japanese criminal law, and the AngloAmerican law system is also involved. But scholars from different law origins and law schools, expressdifferent views based on their own theories. In the worldwide, from the legislative and judicial points ofview, there are roughly three types of the joint negligence crime, legislation, legislation negative orlegislative blank denial. The scholars of our country also have different viewpoints about joint negligencecrime, including affirmation, negation, eclecticism. In our country, legislation of criminal law only refers tothe common crime, the joint negligence crime is out of the common crime. However, the judicialinterpretation makes a part of scholars and judicial practitioners think that joint negligence crime isadmitted in our country in the form of judicial interpretation. The author base on the theory of criminal lawand the social reality, and refer to foreign research on the theory, in order to perfect our country criminallaw theory system, which will benefit to the study on criminal law theory and legislation about commoncrime of our country.The full text is divided into four parts. First part is an overview of the theory of joint negligence crime.The author start the issue with our judicial of joint negligence crime theory, and then introduce the differenttheories of the joint negligence crime, the legislation and theories of present research in our country andabroad.. And it is the theoretical foundation of the whole paper.The second part is about the concept and constitutive requirements of joint negligence crime. Afterdefiniting the concept and composing theories briefly, the auther put forward my own understanding andviews on the constitutive requirements of joint negligence crime concept and constitutive requirements ofcontent, and discuss requirements in detail.The third part is the establishment scope of the joint negligence crime. This part is further subdivided into two parts. One is how to define limitation to the subject of the offense of joint negligence. I think thatjoint negligence crime should be defined in the scope of joint negligence principal offender, the accessoryoffender and negligent abettor should not be involved in theory of negligence crime; the other part is thedistinction between the joint negligence and similar theory. Assume many people negligence cases,is that acase of the offense of joint negligence crime belong to or separate criminal negligence only at the sametime, and the supervisor and the people supervised could be the common existence of joint negligencecrime negligence case problem? With analyzing and demonstration the differences between these theoriesin this part, I distinguish the joint negligence crime from concurrence of negligence and negligence ofsupervision.The fourth part is the principles of criminal responsibility of joint negligence crime. The joint negligencecrime responsibility principles should not only meet the requirements of the common attributes of crime,but also take into account the differences within the offense of joint negligence of individual behavior, andbased on this, the joint negligence crime criminal responsibility principle is the principle of sharedresponsibility and guilt consistency principle, the principle of trust.