Research On Common Negligence Crime

With the increasingly complex of social relations, there are more and more jointnegligence crime occurred because of violating the duty of common attention injudicial practice. Then, whether joint negligence crime is a joint crime? In this regard,theorists, practical departments, and different countries show different intention.Despite the constitutive requirements of joint negligence crime have not reached anagreement, it is an indisputable fact that the joint negligence crime is objectiveexistence. What is the significance of establishing joint negligence crime? How todefine its constitutive requirements and scope? How to set its criminal liability? Andwhat is its pleadable reason? In this paper, through the study of the above problems,aims to explaining the rationality of regard the joint negligence crime as a joint crime,and try to answer the above questions, hoping to promote the process of jointnegligence crime into our criminal law system.This article is divided into three major sections:The first part is about basic theory of common criminal negligence of thesubject.In this section. Grasp the notion of joint criminal negligence on the basis oflegislation on joint negligence crime practice at home and abroad, China’s judicialpractices on joint negligence crime for carding and reflection, and in turn reveals themeaning of joint negligence crime in our country.The author thinks that, in dealingwith the attitude of the joint negligence crime, not only from the theoretical level toexplore whether joint negligence crime, joint negligence crime, as a kind of objectiveexistence of social phenomenon, from theoretical and practical aspects analyzes its existing significance and value.The second part focuses on the defining issue of common criminal negligence. Inthis part, the author discussed the issue of common definition of criminal negligencefrom the denotation and connotation aspects.What is Joint negligence crime’sconstitutive.How to determine the context and establishment of common criminalnegligence.In response, argues that the common elements for criminal negligence,"two elements ": joint negligence crime constituted by the subjective and objectiveelements.And on the extension of joint negligence crime should include the scope ofcontributory negligence was committed and, in addition, deliberately instigate, assistothers in case of criminal negligence, abets or helps the perpetrator and negligencebetween implementing actors have also set up joint negligence crime.Third part, dealing with common criminal liability of criminal negligence.In thissection, the author focuses on the principle of joint criminal negligence ofresponsibility--some apply the principle of full responsibility, I think that as long asthe perpetrator there is a liaison of common criminal negligence, and communicatewith the respective negligence of using each other, encourage each other, so as toconstitute a crime scenario, for each negligent conduct joint exercise of humanbehaviour as a whole, although only a part of each individual, but should also be onthe whole crime and harmful consequences bear the criminal responsibility.Commoncriminal negligence liability, also taking into account fault extent, each person in sucha position and size, the role of this type of behavior with the result and the existenceof responsibility to a greater extent hindered–issues of trust principle.