文档介绍：兰州大学硕l:学位论文共I司过失犯罪研究——由雷某、孔某过失致人死亡案引发的思考
Abstract
For a long time,regardless of legislative or judgement,regardlee of theory or
pratice,there has been different views.
Many scholars are negation of the offense of joint negligence based on current law or the traditional criminal ,more and more scholars began to re·examine the offense of joint negligence with the change of society and development,as well as the difficulties in dealing with some new
theories have emerged.
This thesis posed of three discussion will focus on follow aspect.
First,author recognized the offense of joint negligence,the offense of joint
negligence should be included by joint criminal this,the article will supply a case which court did not deal author will propose a solution by summrizing points of view and laws.
Second,though more and more scholars are negation of the offense of joint negligence,the views of these scholars are not think that the offense of joint negligence shoule include fault implementation and fault abetting.
In addition,the judicial interpretation about trialling the case of traffic accident which released by supreme people’S court prescribe:’’passsenger and other related personnel instigate perpetrators who cause a traffic accident to flee the scene and cause the victim death finally because of lacking help."the core of debate is that traffic offense as criminal negligence can not set up mon criminal join traffic accident case as a starting point for discussion,leads to the theory of joint criminal,through the criminal law“traffic trouble”interpertation,draw their own
conclusions and to identify the root which cause the problem. Key Words:The offense ofjoint negligence Mean contact
Committing traffic offences Criminal liability
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