Traffic Accident Joint Negligence Crime Research

In recent years traffic accident crime is rising year by year, threatening the safety of people’s lives and property. Nearly1979, China criminal law and criminal law in1997to make the rules a hit-and-run, in1997than in1979, the criminal law of criminal law not only expanded traffic offences of main body, and add more to after a hit-and-run escape of the regulation, but face reality appears in the new, new questions still appear to their knees. Traffic accident crime is rising year by year, threatening the safety of people’s lives and property. In order to better regulation traffic accident crime behavior, in2000published the supreme people’s court on the trial of cases traffic accident crime, the concrete application of law in the explanation of some issues (hereinafter referred to as the "explanation"), the "explanation" paragraph2of article5and article7is supposed to be common criminal negligence admitted, paragraph2of article5specified by the Common criminal negligence and Common criminal negligence constitute a traffic accident crime accomplice, article7is considered to be common of the provisions of the criminal negligence. Traffic offences this so-called "negligence" king of the charges in appeared accomplice regulation, aroused debate, the reason is that the mistake crime specified in the common crime and reflect, beyond the accomplice theory system in our country, this is a kind of new happens judicial practice of criminal law theory beyond phenomenon, China’s criminal law’s joint crime theory is not admitting fault of the crime of accomplice, judicial interpretation of reality to solve the legislation but face the theory gap, a phenomenon guide the thinking and research, a hit-and-run joint crime problem for the study involved in our country criminal law system the basic principle, the essence of joint crime and basic theory and so on a series of criminal law theory, if not from common criminal negligence on the theory of the background, a hit-and-run related problems are difficult to accomplice of clear, so the author intends to joint crime theory from the background, the author analyzes the common under the theory of criminal negligence in the hit-and-run accomplice to dredge theory of conflict, make a hit-and-run accomplice more clearly show, ready for the next step for the research.This paper is divided into fourth parts; the first part introduces the background of the subject, the research status and research significance, and puts forward the "explanation" regulation cater to the needs of the reality, but with our country accomplice theory into conflict. In our country’s existing common joint crime theory framework is not reasonable to solve the traffic accident accomplice question, need in the common view of criminal negligence theory resolved within a hit-and-run accomplice question.The second part from Germany and Japan, the theory of criminal law and our country criminal law theory two aspects of joint negligence crime theory. Thorough understanding of common faults in China on crime and joint crime theory, for the analysis after a hit-and-run accomplice to lay the foundationThe third part is introduced for judicial interpretation of academic hit-and-run accomplice point of view, and comments.The fourth part through to the investigation of the above joint crime, think in real social risk increased cooperation behaviors, joint negligence harm caused by the increasingly serious cases, not admitting fault of the crime of joint crime is not realistic need, and analyses the common criminal negligence of established condition.