On The Institution Of Unpremeditated Joint Crime

The 25th Article of the Criminal Law provides a joint crime refers to an intentional crime committed by two or more persons jointly. A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; those who should bear criminal responsibility shall be individually punished according to the crimes they have committed. The scholar circle of criminal law usually think it should be on purpose instead of being through negligence that each of offenders committed a crime jointly on subject, and unpremeditated joint crime is normally thought difficult to be tenable.However, we can't deny that unpremeditated joint crime is in existence because of the article of the Criminal Law. Our country's criminal law has only regulations on criminal liability of joint wistful crimes; it doesn't deny there are phenomena of joint negligence crimes. Whether joint negligence should undertake criminal liability of joint offence has been one of the issues of the theory of criminal law. With the development of modern technology and the intricacy of our life, the damage of the negligent crime increase with years. More and more unpremeditated joint crime does enormous damage to common safety. It makes the scholar circle of criminal law pays attention to this problem. The article is using the analyze of the overseas theory for reference. After that, it sets forth constitutional conditions of offense of joint negligence as well as legislative proposal.The first chapter will combine continental law system's legislation, legal precedents with practice, and probes into the theory, limits and criminal liability ofjoint negligence principle offender. The second chapter is the situation of unpremeditated joint crime in our country. The third chapter is the feasibility of the theory of unpremeditated joint crime. The forth chapter is the ontological theory of unpremeditated joint crime. At last, it will advance legislative proposal.