On Joint Negligence Crime

Joint negligence crime is real. Despite it is denied by traditional criminal theory and legislation, however, real cases are found more and more. This article obtains from the analysis of defects in the current criminal law, comparative observation Chinese and foreign criminal theory and the features of relevant laws and regulations, then demonstrate the existence and evidences of joint negligence crime. Only the joint negligence perpetrator is a kind of joint crime. After defining the concept of it, make it sure that the "trust protection"、 "full liability for partial involvement" and "discriminate" principles are correct for it. The full text is divided into six chapters, about twenty three thousands words:The first chapter is the trigger for discussion. At first it interpretate the negative attitude of current criminal law about joint negligence crime. And then reveal the contradiction between the provisions of the criminal law and judicial practice.The second chapter is the introduction of Chinese and foreign theoretical research. Is divided into two sections, the first section introduces the 3 main theories of foreign theoretical study, the second section introduces the different views in present domestic theoretical research.The third chapter is the study on the legislation about joint negligence crime. Is divided into two sections, the first section introduces the legislative changes in China’s modern times, the second section reaches the legislation of other 5 foreign typical civil law countries,.The fourth chapter is the probable cause of the joint negligence crime. Is divided into two sections, respectively, demonstrates the necessity and evidences of the joint negligence crime from theory and practice. Eventually come to the conclusion that the liability principle of joint crime should be used to it.The fifth chapter is the concept and structure of joint negligence crime. Divided into two sections, respectively.The sixth chapter is about the range and liability principle of joint negligence crime. Divided into two sections, respectively.