Research On Common Negligence Crime

The joint crime related to the individual patterns of crime has more social harms. The joint crime reflects the mutual joint between the actors, and strengthens mutual criminal state, that is the field concerned continuingly on criminal law theory and judicial practice. China’s traditional criminal law theory defines the joint crime is the kind of intentional criminal offense between several people, but take a negative attitude to the joint crime by several people based on joint negligence. This theoretical orientation to the judicial practice has brought a lot of disadvantages and difficulties, is not conducive to identify and deal with crime.Based on the theory and practice, it is necessary to investigate and reflect whether the joint negligence should be in accordance with the joint criminal phenomenon systematically. Although theoretically whether the joint negligent act should be identified as joint crime or not, people have no unified comprehension, and also there is lack of unified handling method on judicial practice, but based on the theory and practice, we can find the reasons that the joint negligent act should be disposed considering with joint crime, and meanwhile, this can help us solve the difficult problems on some judicial determination, so studying more on this is very significant on theory and practice. First, it can deepen the theory of joint crime in the criminal law, and help us realize the theoretical background and the legislation selection; secondly, carrying out research on this field can provide a theoretical argument for the improvement of legislation, not only provides for the improvement of legislation to modify the direction but also provides a specific model legislative provisions; thirdly, this study can provide theoretical guidance to solve some difficult problems on judicial practice in order to get a reasonable verdict.Whether the joint negligent act should be according with criminal crime, many theorists has conducted many deep research, Hong Li, Lin Yagang, Li Xihui, Tong Dehua and other famous scholars have concerned about this issue. Some of them demonstrate the reasonableness of its existence in theory, while others question this phenomenon. Foreign scholars, especially scholars in civil law countries also have much concern on this issue especially, because in those countries, whether to recognize acts of joint negligence being in accordance with joint crime is often associated with criminal law orientation. Those scholars who recognize joint negligent crime tend to hold joint behavior, and the others who deny joint negligent crime often hold joint criminal offense. Throughout the foreign criminal law theory, joint criminal negligence as to whether to admit is which can be divided into three categories, the positive opinion is that recognizes the criminal negligence doctrine, which is based on the joint behavior. In this view, people have the same intention is the necessary condition of the intentional crime, but on the upper establishment of joint criminal elements, this is not necessary and absolute. The negative opinion is built on the basis of the joint crime, according to the joint crime, the crime must be some people implement together a particular crime, or it can be realized that two of the same crimes by the two people can constitute the joint crime. The defined positive opinion is that recognize the existence of criminal negligent act conditionally, which agrees that joint negligent acts cannot establish the joint crime under the common circumstances, but only if one of the co-perpetrator with legally common duty violate the obligations, it can be judged as the joint negligent crime.