On Contributory Negligence Crime And Its Identification

In recent years,many scholars have put forward the affirmative view of negligent joint crime,and tried to interpret the joint negligence crime in Article 25 of the Criminal Law as a joint crime under the field of negligence,but their views themselves are defects and do not meet the requirements of system interpretation.From the perspective of legal interpretation,combined with the examination of relevant theories,this paper tries to explore the meaning of the concept of joint negligence crime,and to study its identification path,and believed that the "joint negligence crime" in Article 25 of the Criminal Law should not be confused with the negligent joint crime,but should be understood as the criminal form that several acts in the same negligent crime know that other actors are committing negligent acts.Only because of its internal inclusion of "common behavior" and "common knowledge",it has a certain similarity with the joint crime of negligence.The judicial identification of the negligent crime committed by several persons is not to establish a set of identification standards apart from the identification mode of the negligent crime of one person,but to refine and distinguish the personalized problems in the negligent crime committed by several persons on the basis of the negligent crime of one person.Based on the practical problems and objective needs of judicial practice,this paper first denies that the joint crime can be constituted among the negligent crime committed by several persons.Then objectively delimit the scope of the duty of care that the actor needs to bear in the specific operation.Finally,through the process of objective imputation,it determines whether the actor should bear criminal responsibility for his negligent act.