Jurisprudential Study On The Joint Negligence Crime

Joint negligence crime has always been a matter of controversy in the circle of criminal law theory both home and abroad. On whether a crime committed together by two or more than two persons can be referred to as a joint crime, that is, whether it can be defined as a joint negligence crime, foreign criminal law learners barely share similar opinions. While according to a commonly-accepted opinion in the circle of criminal law theory learners of our nation, there exists some subjective criminal links between joint criminals, thus joint criminals commit the crime out of a subjectively deliberate intention, rather than negligence. Based on this, the joint negligence crime is usually considered as not existing.As is prescribed in our nation Criminal Law, "A negligent crime committed by two or more persons shall not be punished as a joint crime" , thus it is hardly possible to seek support for the concept of negligent joint crime from explanatory theories. However, there is often the calling for the establishment of negligent joint crime. In this thesis, the writer, starting from theories of law-making, advocates that joint negligence crime be classified into joint crime, which, as the writer argues, is not only necessary, but also has solid theoretical evidence.The paper is divided into three parts.The first part is a summarized account on contributory negligence and joint crime. As a paving stone of the entire paper, this part brings us to the theoretical debate over whether contributory negligence should be categorized into joint crime, explores some law-making events concerning joint crime in several countries, and introduces us the trial of jointnegligence crime in some specific cases. Then the writer goes to summarize our national scholars' disputes over the conceptualization of joint negligence and gives his own insights on the issue.In the second part, the writer argues that joint negligence crime should be treated as joint crime. After expressing skepticism on the opinion that no joint negligence crime can be viewed as joint crime, the writer treats the necessity of classifying joint negligence crime into joint crime and offers theoretical backing for his point of view. Then, he comes to the classification of the joint negligent principle offender, negating the so-called instigator of negligent offender and accessory of negligent offender.The third part elaborates on the criminal responsibility attached to joint negligence crime. According to the writer, the problem on criminal responsibility of joint negligence crime can never be tackled without abiding by the principle of joint responsibility, the principle of part performance and total reliability, and the principle of separated treatment. In deciding the criminal responsibility of criminals involved in joint crimes, consideration should be given to the degree of negligence, the individual negligence and the motive that leads to the consequence.