Research On The Related Issues Of The "Li Xin Draft"

In the negligent crime of omission,under which circumstances can the doer be evaluated negatively by law,comprehensive considerations should be made from all aspects.First of all,since it is necessary to study whether the actor is established as a negligent crime of omission,it is necessary to explore the origin of the obligation.In this paper,combined with relevant cases,the relevant controversial issues related to the antecedent act making the actor burden as an obligation are summarized.Secondly,the violation of duty of care plays a pivotal role in the determination of negligent crimes.This paper tries to clarify the circumstances under which the doer can be held accountable for violating the duty of care from the concept,content and judgment criteria of duty of care.Thirdly,the determination of causality plays a pivotal role in the whole criminal law system,but there are different opinions about the judgment of causality.As for the causal relationship between the behavior and the harmful result,this paper holds that it is appropriate to judge on the basis of the objective imputability theory.Finally,the current criminal law scholars on whether two or more people can establish the joint negligence crime of the dispute is still in disagreement.From the perspective of China's criminal law,although it has been denied that two or more people can establish joint negligent crime on the surface,can we admit joint negligent crime in China's criminal law through the method of interpretation to provide legal basis for judicial practice? In this paper,as long as we grasp the essence of joint crime,we can identify that the criminal law of our country admits joint negligence crime to some extent through the method of interpretation,so as to affirm that the three people in the case discussed in this paper are the establishment of joint negligence crime.