On The Recognition Of Negligent Joint Principal Offender

In the context of joint offenders committing a negligent act,where several individuals commit the act together and the result occurs due to the negligence of all individuals involved,the issue of whether joint offenders can be held liable for negligence together is a complex one.In China,the theory and practice of joint negligence are based on the premise that the existence of joint negligence is explicitly denied by the law.However,under this premise,many practical problems are difficult to solve,and even contradictory precedents have emerged,which is not conducive to the development of the theory of negligence offenses.Therefore,there is a need for a re-examination.Regarding joint negligence,there is a controversy between affirmative and negative theories.The negative theory has obvious defects,while the affirmative theory has more convincing reasons for recognizing joint negligence,but it needs to be reorganized and demonstrated.The hierarchical arrangement of this article is as follows:The introduction section presents the background,significance,and current research status of the selected topic in the context of joint offenders committing a negligent act.In recent years,there have been many typical cases in China’s judicial practice where the negligence of several individuals resulted in harm to legal interests,but the reasoning in such cases is often contradictory or incomplete.By affirming joint negligence offenses,the deficiencies in the punishment of joint negligence crimes can be remedied,and the role of law in controlling risks can be fully played.In overseas research,cooperation in the commission of negligent serious crimes under Italian criminal law is unique among various criminal laws,and research on joint negligence offenses in Germany and Japan has developed quite deeply in conjunction with the theory of negligence offenses.Relevant research in Chinese Taiwan has largely followed the footsteps of Japanese scholars,while research in Chinese mainland exhibits sporadic characteristics.Chapter one is a critique of the negative theory of joint negligence offenses.The negative theory mainly includes the early theory of joint criminality,the theory of joint subjective intent,and the theory of dissolving joint negligence offenses.The negative theory can cause difficulties in determining the facts of a case and lead to mutual shirking of responsibility.Chapter two is a compilation of the positive theory of joint negligence offenses.It mainly includes the theory of joint conduct,recent joint criminality theory,causation theory,and the theory of recognizing joint negligence offenses by aggravating the offense due to the results and the involvement of other participants.The discussion of the positive theory still discusses joint negligence offenses within the "know-desire" structure of intentional offenses,and does not involve the essence of negligence offenses.Chapter three is about the proof of the negligent joint offender.The essence of the negligent joint offender is that it is a principal offender,and the key lies in what reasons are used to determine the cohesiveness between several offenders and connect them into a whole.There are certain flaws in the various criteria based on the essence of negligent offenders themselves,which cannot accommodate the construction of negligent joint offenders.The various theories that require a subjective connection cannot provide solid reasons for the construction of negligent joint offenders,and the objective attribution theory needs to be re-examined for its role in negligent joint offenders.The final chapter discusses the improvement of legislation on negligent joint offenders in China.After exhaustively examining the existing interpretative methods,the current provisions should be amended,drawing on the experiences of Chinese Taiwan and Japan.