Research On "Negligent Crime Committed Jointly"

Article 25 of Chinese Criminal Law suppresses the discussion on the "negligent crime committed by two or more persons jointly" to a certain extant.However,the issues related to it have not been solved for granted.Whether there is a joint crime in negligent crime,has long been controversial.There are many doctrines of criminal law in various countries,and Chinese scholars have also started discussions on the basis of inheriting foreign doctrines.Especially in the case where several people jointly commit the act of negligence,and one or some of them cause the result,the benefits of discussing the "joint crime in negligent crime" are remarkable.The doctrine affirming the "joint crime in negligent crime" has occupied the majority in Japan,and there is also an increasing trend in China and Germany,but its denial is still strong,and it has drawn its different conclusions on such issues.While negating the connection between "intentional communication","common duty of care" and the relation between "offense aggravated by consequence" and "joint crime in negligent crime ",it is also inappropriate to recognize "joint crime in negligent crime" from the view of nature of criminal law.Some scholars in China try to explain Article 25,so that Chinese current criminal legislation can include "joint crime in negligent crime".These efforts are more or less inaccurate and ultimately cannot be established.In a word,interpretation cannot replace legislation.The "interpretation" that obviously changes the usual meaning of legal provisions is no different from legislation.The clause of judicial interpretation on "joint crime in traffic accidents" is a great opportunity for China to activate the discussion on "joint crime in negligent crime",but the advantages of this paragraph are also limited to this.No progress in criminal law can cause judicial power to impact the power of the people's congress,because the Constitution is the basic norm of conduct and has supreme legal authority.At the same time,the Principle of Legality is confirmed by the relevant laws of the Constitution and the Criminal Law.However,the problem has not yet been resolved.After drawing a conclusion against the "joint crime in negligent crime",it is still necessary to continue to explore the question of "who constitutes a negligent crime" among those who violate the duty of care.This involves the issue of the concept of principal offender and causality.The latter is the focus of answering the question of the scope of punishment for negligent crimes,because this theory has been revised several times and has many crises.It can best be discussed and flexibly dealt with in accordance with the arrangement of the criminal laws of various countries.For negligent crimes committed by collective resolutions,the form “conditon sine qua non” should be amended so that each voter having voted in favor is criminally responsible;for negligent crimes violating supervision and management obligations,the considerations on intervening factor should be changed,as long as the intervening factors are still within the scope of the supervisory responsibilities of the supervisor,he would be responsible for the consequences caused by the violation;for negligent crimes that directly lead to results,the various elements of negligent crimes should not be amended.In the absence of supervisory responsibilities,every person with criminal responsibility is responsible for his own attention and is responsible for the consequences of his actions.This is the respect for people in criminal law.In the last situation,the result of innocence for everyone is to insist on presumption of innocence.Criminal investigation and criminal procedure law should not force criminal law to change rules in a general sense because of this.