The Comparative Studies For Joint Negligent Offence Between China And South Korea

There is a disputed controversy between the legislative theory and practice that the joint negligent offence (JNO) should ever be recognized or admitted. The fact of the controversy is that the damages or injuries caused by the JNO whether should be categorized in the same range of joint criminal enterprise (JCE), which might suitably be applied in the so-called "part of committing, full liability" principle of imputation of JCE. However, theoretically and legislatively, there are academic and practical disputes among different scholars from different countries and regions.In China, the negation theory of JNO is not only recognized as a common theory in the theoretical field, but it also legislates based on the cases of negation as its legislative mode, and it is very rare that there ever might be such a case convicted in judicial practices. While, in the fact of despite that it still recognizes the negation theory as its common theory in South Korea, the legislation of South Korea utilizes the legislative mode of blank case for JCE and does not deny JNO. The principle of imputation of the Supreme Court of South Korea is based on the theory of behavior in common (TBIC) as well, which means that it does not only define the prime culprit of JNO, but also even affirms the existent fact of the abettor and accessory of JNO.Therefore, taking this (JNO system of Korea) as an example to indicate that the TBIC can be established as an argument to define and affirm the situation of the prime culprit, limited abettor and accessory of JNO to possibly revise the legislative mode from negation theory cases to definition ones in China for clarifying that JCE includes both joint intentional offence (JIO) and JNO. Then, the JNO might also be applied in the same principle of imputation of JCE, and the extent for measurement of sentencing might be set between single negligence and joint intention. Last but not least, the INTERPRETATIONS (Article vii) can be defined as joint negligent crime.