Research On The Problem Of Common Criminality

With the continuous development of society,the degree of cooperation between people is constantly improving,and the degree of closeness between them is deepening.At the same time,the social risks brought about by it are also increasing,and the types of crimes that are breeding are more complicated.Among them,there are more and more cases of joint crimes about negligence.The study of the problem of negligence and common criminality has various viewpoints and controversies at the beginning of its creation.For a long time,there have been two main arguments that continue to be debated.The legislations on the issue of negligent joint criminals are also different.The criminal law of our country excludes the common crimes that are negligent from the common crimes.Therefore,most of the criminal law circles in our country support the negation of the common criminals.This has brought many shortcomings in the judicial trial.In today's fast-paced society,various complicated criminal cases are constantly appearing,and the types of negligent common criminal cases are becoming more and more complicated.Prominent,therefore,this requires more theoretical research on the issue,combining theory with practice in order to clarify the legislative status of the fault of the common criminal.This paper will conduct research on the issues related to negligence and common offense,demonstrate the establishment of the fault of the common criminal and the principle and standard of the distribution of responsibility for punishment,and put forward some legislative suggestions and improvement measures for reference.The body of this article is mainly composed of four parts.The first chapter is mainly about the introduction of the basic theory of negligence.This chapter mainly expounds the current research status of Chinese scholars on the issue of negligence and common criminals,as well as the views and opinions of scholars from Germany and Japan on the rationality of negligence.The second chapter introduces and analyzes the controversy about the concept of negligence and common offense,clarifies the concept of negligence and common offense,and introduces the specific views on different theories of negligence and common offense,and analyzes and evaluates these viewpoints.It is mainly divided into affirmative and negative.In affirmative,it is mainly represented by the common obligation and the common statement ofviolations and behaviors.The negative theory mainly introduces the common theory of crime,normative negation and negligence.It also expounds the basis of the establishment of the negligence of the common offender,mainly from the theoretical basis and the actual basis of the establishment of the negligence of the common offender.The third chapter studies the basic structure of the common criminal offense,mainly from the subjective psychological existence of the common negligence mentality,objectively produces the behavior that violates the communicator's common duty of care,and there should be a causal relationship between the behavior and the result.In the face of the basic structure of the common criminal offense.The fourth chapter introduces in detail the principle of criminal responsibility punishment for negligent joint criminals,that is,the principle of partial liability,the principle of differential treatment and the principle of trust protection for excluding criminal liability.At the same time,it expounds the standard of responsibility distribution of negligent joint criminals.The standard is mainly subjective.The causal relationship between the degree of negligence,the behavior of negligence and the result of the hazard,and the status and role of the perpetrator are analyzed in order to establish a more reasonable standard of responsibility distribution.And put forward some suggestions for the perfection of the law of negligence in China.In our country,there are certain vacancies and deficiencies in the legislation on negligent crimes.The legalization of the problem of negligence and common offense is the only way for all sentencing circumstances.It can effectively achieve the statutory punishment of crimes and facilitate the unification of sentencing.By drawing on the experience of legislation in Japan and other countries,and in response to the shortcomings of China's relevant legislation on negligent joint criminals,the author puts forward the legislative proposals on negligence of common criminals applicable in China,in order to solve the problem of negligence and common criminals.Some references.