| 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." The criminal law scholars insisted that the crime of negligence and joint crimes does not constitute a joint crime.They believe that affirmative negligence will be in conflict with the provisions of the current criminal law.However,in recent years,judicial judgments have gradually appeared to affirm the fault of joint crimes.The situation in which the legal provisions and the practice are contradictory has always been criticized by scholars.In addition,in the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases Concerning Traffic Accidents",issued in 2000,the establishment of the joint crime of traffic accidents has aroused heated discussions in the academic circles.Many common negligence crimes are denied.The commentator argued that the interpretation and the relevant conflicts of the Criminal Law should be considered invalid.Such controversy has brought difficulties to the identification of related negligent joint crimes in judicial practice,and has also placed judicial workers in a dilemma.This paper mainly use methods of documentary and method of comparative analysis,is consisted of four parts.The first part of the paper is the enumeration of the viewpoints of the negligent common crime negation theorists,and analyzes the reasons for the negative,and carries out the reflutation process of the negative negation.In the process of such a negative negation,the possibility and necessity of the establishment of a faulty joint crime is gradually derived.The second part of the paper provides a theoretical and normative support for the establishment of the crime of negligence by interpreting and analyzing the provisions of Article 25 of the Criminal Law.This part analyzes the provisions of Article 25 of the Criminal Law.It is actually stipulated that the joint crime is equated with the joint intentional crime,so that there is no relevant provision on the crime of negligence in the criminal law.The common negligence crime in the second paragraph cannot be said to be common crimes,but should be said to be joint negligence crimes that are not treated as joint intentional crimes.Therefore,this paper analyzes the theory of joint crimes,sorts out the basis for the establishment of negligent crimes,reinterprets the relevant provisions of Article 25 of the Criminal Law on joint crimes,and determines the legal norms,and finally demonstrates the establishment of the fault of joint crimes.The third part of the paper is on the basis of the above-mentioned part of the determination that a common crime can be established,considering the generality and uncertainty of causality in the traditional causal relationship,discussing the introduction of objective attribution theory to determine causality in negligent joint crimes.By extending the constituent elements "making dangerous behaviors that are not allowed by law,to the common crime of negligence,discussing the essence of "commonality of crime" in the crime of negligent crime.It also discusses related issues that need to be paid attention to in the process of "commonality" in negligent crimes,such as the legal status of the common obligor and whether the obligation content needs consistency.The fourth part of the paper discusses two other important issues in the crime of negligent joint crimes.One is the problem of the establishment of the faulty joint crime in the case of aggravating the crime,and the other is analyzing and evaluating the faulty joint crime in the case of traffic accidents which is regulated in the interpretation of the "Several Interpretations of the Specific Application Laws in the Trial of Traffic Accident Cases",promulgated by the Supreme Court in 2000. |
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