Study On The Offense Of Joint Negligence

In the existing criminal law stipulated in article 25:”A joint crime refers to an intentional crime committed by two or more persons jointly. Two or more joint negligence crime, not as an accomplice; Shall bear criminal responsibility, according to the crimes they have made, respectively.” Specify the joint crime is common intentional crime. Depending on how long the Chinese theoretical field of criminal law insist on theory of criminal commonness. They don’t think joint negligence has crime intention, so will not apply the provisions of the joint crime. But with the development of the judicial practice more complicated, the contradiction between practice and theory is increasing rapidly, especially some behaviors which are dangerous to the social security exist in the field of food safety and the significant security incidents. It is hard to investigate them for responsibility in denying the joint negligence crime, causing the person’s escape of legal sanctions or getting a lighter punishment. Until 2000, the supreme people’s court issued traffic accident crime in the judicial interpretation(< The supreme people’s court explain some issues about traffic accident of damage compensation to the applicable law >). The second paragraph of article 5 and article 7 is considered to be the reason of admitting the joint negligence crime. This kind of conflict with legislation rules of judicial interpretation caused a shock wave throughout the criminal law field.In this paper, I will try to prove the establishment of the joint negligence crime based on the analysis of the structure in the theory of joint crime. Then analyze the joint negligence crime in detail with centre of common duty of care. This paper give the traffic accident as an example, to rethink its determination of joint negligence crime in the judicial interpretation, and trying to come up with new insights from the theory of legislation to set up a new charge which will standardize the judicial interpretation and resolve the existing conflict. This paper also attempts to explore the joint negligence crime in the criminal responsibility system. When they go to shall be investigated for legal responsibility, the principles of the criminal ability of theoffense of joint negligence is the principles of full liability for partial involvement.Meanwhile, this paper introduce the principle of trust, and distinguish the different types or levels of the crime to ensure the justice.This paper mainly use methods of documentary and method of comparative analysis, is consisted of four parts, adds up to about forty thousand words.The first part of the paper is summary of joint negligence crime. Through illustrating the concepts related to contributory negligence, summarize the legislation,practice and theoretical controversy at home and abroad, and then to conclude the different ideas about the traffic accident crime to be joint negligence crime or not.The second part of the paper is the establishment basis of joint negligence crime. It demonstrates the joint negligence crime from two aspects of theory and reality.The third part of the paper is the type of joint negligence crime and the interpretation of constituent elements. It analyses the type of joint negligence crime and the interpretation of constituent elements in detail.The last part of the paper is punishment to apply of the joint negligence crime. It talks about the principle of punishment and the use in type, and then put forward proposals of responsibility about the person in the traffic accident crime.