Research On Joint Negligent Crime

It has been a debated topic that weather negligent crime can constitute a joint crime at home and abroad. Referring to foreign related theories and academic achievements, related issues to the joint negligent crime are discussed in this dissertation to the position of legislative proposals. The dissertation is made up of five chapters, about 150,000 words.Chapterâ… is outlines of the joint negligent crime. After introducing and commenting the reviews of domestic and foreign scholars, as well as the relevant legislation, the dissertation demonstrated, from the aspects of perfecting criminal legislation and justice practice, social development and the criminal policies, unifying criminal law theory, that it was necessary for China to establish the system of joint negligent crime in criminal law.Chapterâ…¡. Dealing with ontological content of joint negligent crime. The dissertation demonstrated the theory of establishing joint negligent crime from the joint criminal theory and criminal negligence theory, put forward the concept of joint negligent crime at the basis of joint obligation of care, discussed the mechanism of forming joint obligation of care, clarified the relationship between the common duty of care and meaning contacting of the perpetrators in negligent crime. elaborated the objective Tatbestand from the aspects of Common behavior, harm results, and their relationship, and the objective Tatbestand form the aspects of the joint attention ability, common violations to the joint obligation of care. At last, discussed the impact that the principle of trust made to related issues about joint negligent crime.Chapterâ…¢. Discussing the scope of the establishment of joint negligent crime and the distribution of the criminal responsibility between perpetrators in joint negligent crime. After introducing and commenting the reviews of domestic and foreign scholars, the dissertation demonstrated that it was reasonable to recognize negligent abettor and negligent accessory, and the dissertation respectively discussed negligent executor, negligent abettor and negligent accessory in detail, limited the scope of negligent abettor and negligent accessory. Joint negligent criminals also can be divided into negligent executor, negligent abettor and negligent accessory according to division of work, and also includes principal, accomplice, coerced offender. After discoursing related elements affect the criminal responsibility of joint negligent criminals, the dissertation proposed principle of common penalties when determining guilt and principle of differentiated responsibilities when weighing the penalty.Chapterâ…£. Mainly discussing the relationship between joint negligent crime and related crime types. The dissertation discussed the relationship between aggregated consequential offense, concurrent negligent offence, supervisory negligence, unit negligent crime and joint negligent crime, affirmed that perpetrators of the basic crime in aggregated consequential offense should be joint offense, discussed the differences between concurrent negligent offence and joint negligent crime, suggested that supervisory negligence is one form of concurrent negligent offence, and the principles of trust should not be used in the supervisory negligence.