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Joint Negligence Criminal Law Research

Posted on:2017-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:X X FangFull Text:PDF
GTID:2296330482499837Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
According to the criminal law in our country, more than two people joint negligence crime, according to the amount of sin punished respectively, namely fault on legislation in our country the establishment of joint crime is the negative attitude. This text set about from two real cases in practice, illustrates the existing in the practice of the courts of two or more persons criminal negligence cases applies the theory of joint crime conviction sentencing; At the same time, pointed out that in the traffic accident crime in the judicial interpretation about the rules of the negligence joint crime. Through the above analysis, the author demonstrated the necessity of certain negligence joint crime. First of all, is the need of judicial practice trial. In recent years, due to the fault of the two or more persons cause serious damage to the results of case happened more and more, but because our country present criminal law on negligence joint crime to deny, makes for blame after the accident, the judicial practice faces a dilemma. Second, admit negligence joint crime to integrity of the evaluation on the implementation of criminal behavior. If according to the regulation of our country present criminal law conviction alone, will lead to ignore the behavior person between the "commonality", namely the offender for the outcome of promoting, complementary mutual relations. Third, must be negligent joint crime is the need of fair trial. Due to the legislation on the negative, is likely to appear different courts on the same cases appear different trial, affect the impartiality of law. Finally, admitted negligence joint crime can prevent crime, and protect the lawful rights and interests of the victim.Negligence joint crime also holds the offender has the common duty of care, the specific content includes two aspects, one is about the behavior of duty of care; The second is the obligation of telling each other between each actor and urged. Second, demands the offender implemented the violation of the duty of care.Then this paper analyzes the error scope of the establishment of the joint crime, the negligence to help make the establishment of the conditions, the establishment of the negligent abettor conditions are discussed. The last part of the article is about the negligence joint crime legislation, the author analyzes the ancient and modern, Chinese and foreign legislative cases, discusses the definition of negligence joint crime and responsibility, thus put forward the opinion of Chinese criminal law changes.
Keywords/Search Tags:Joint Negligence, Negligence Joint Crime, Common Duty of Attention
PDF Full Text Request
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