Study On Negligent Joint Principal Offender

In the theory of criminal law, Negligent joint principal offender is a complex and controversial issue. With the development of the practice and theoretical research, many foreign scholars confirm the negligent joint principal offender. In contrast, the theory of criminal law at home is conditioned by the provisions of the criminal law, so many scholars deny it. However, with the development of the society, especially the gradually refined social division of labor and the higher level of science and technology, there are more and more offenses of joint negligence, causing more harm to the society, and the negligent joint principal offender is one of the main types. At present, more and more domestic scholars confirm the negligent joint principal offender.The four parts of this paper discuss the related issues. First, it defines the concept of negligent joint principal offender, that is, it is a criminal pattern that more than two actors with the common duty of care, due to carelessness or overconfidence, violate the duty of care together, and result in negligent act, causing harmful consequence. And combined with the domestic and foreign legislative status and judicial precedent, it also sorts out the theory of negligent joint principal offender in our country.Second, it expounds and evaluates the relevant theory of negligent joint principal offender. It not only involves the negligent joint principal offender, but also explains the related category, such as the nature of joint offense.Third, it starts from the perspective of judicial practice, based on the real case and judicial interpretation, analyzes the phenomenon that the present legal provisions and criminal law theory lose touch with the real concrete case. On this basis, it analyzes the judicial practice in our country, direction and trend of legislation, as well as the necessity to set up the negligent joint principal offender.Finally, it puts forward some constructive opinions for negligent joint principal offender, including the establishment condition and criminal responsibility of the negligent joint principal offender.