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Theoretical Analysis Of Negligent Joint Principal Offender

Posted on:2017-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z E ChenFull Text:PDF
GTID:2336330503466721Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Negligence joint principal offender is a highly controversial issue which interleaved with the delinquent theory and the Joint Principal theory.What negligence principle offender need to solve is, all the pedestrians slack to perform the duty of care and caused occurrence of harmful results, particularly in the case of difficult to identify the causal relationship between the various wrongful acts and harm results,whether can apply the joint principal offender, "partial implement full responsibility principle" that all the harmful consequences attributable to negligence of all people.Theory of criminal commonness stress the negligence people "breach the duty of care" and theory of fellowship in act stress each negligence people has a "general sense of meaning of liaison" to conduct joint exercise behavior as a reason to certain the establishment of criminal negligence and the joint principal offender not established. "Breach the duty of care" is really just a fiction concept,the negligence people, in a equality position or equivalence position, were sentenced as supervision duty inconformity with supervisory negligence theory. "General sense of meaning of liaison" would be contrary to the essential characteristics of the delinquent theory.Certain the criminal negligence will conflict with the negligence joint principal offender's partial implement full responsibility principle, will be contradictory with the criminal law proposition that negligent crime is a result crime, also will conflict with civil law system of common dangerous behavior. Fundamentally speaking, the essence of negligent crime is not fit with the reason of joint principal offender, it is difficult to theoretically establish the negligence joint principal offender.
Keywords/Search Tags:breach duty of care common crime, Common duty of care, theory of fellowship in act, partial implement full responsibility principle
PDF Full Text Request
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