In Germany, Japan and in the Taiwan Region of our country, there is the long-standing debate about the joint negligence crime, and in the mainland of China, there are many scholars having discussed, but because the pr...In Germany, Japan and in the Taiwan Region of our country, there is the long-standing debate about the joint negligence crime, and in the mainland of China, there are many scholars having discussed, but because the provisions on the joint crimes in the criminal law of our country exclude the joint negligence, the relevant discussions are not very sufficient. This paper talks about the views on the relevant issues of the joint negligence crimes, with the provisions on the traffic accident accomplice in the ＂Explanation of several issues concerning the specific application of law in the trial of criminal cases of traffic accidents＂ by the Supreme People＇s Court in 2000 as the starting point, in recognition of the negligent offender, the author further analyzes the constitution of the concept, in order to more clearly define the instigator of the negligent offender.展开更多
The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of ...The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of the lenient punishment for the elderly crimes. The provision filled the legislative blank of the criminal responsibility of this special group of the old people in the criminal law of our country. But at the same time, we should also clearly see the deficiencies of the amendment （eight）. This paper attempts to sort out the rationality of the lenient application of the punishment on the older people from the aspect of the criminal policy oftemperingjustice with mercy and other aspects, and to construct and perfect the specific legislative proposals that the amendment （eight） puts forward.展开更多
文摘In Germany, Japan and in the Taiwan Region of our country, there is the long-standing debate about the joint negligence crime, and in the mainland of China, there are many scholars having discussed, but because the provisions on the joint crimes in the criminal law of our country exclude the joint negligence, the relevant discussions are not very sufficient. This paper talks about the views on the relevant issues of the joint negligence crimes, with the provisions on the traffic accident accomplice in the ＂Explanation of several issues concerning the specific application of law in the trial of criminal cases of traffic accidents＂ by the Supreme People＇s Court in 2000 as the starting point, in recognition of the negligent offender, the author further analyzes the constitution of the concept, in order to more clearly define the instigator of the negligent offender.
文摘The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of the lenient punishment for the elderly crimes. The provision filled the legislative blank of the criminal responsibility of this special group of the old people in the criminal law of our country. But at the same time, we should also clearly see the deficiencies of the amendment （eight）. This paper attempts to sort out the rationality of the lenient application of the punishment on the older people from the aspect of the criminal policy oftemperingjustice with mercy and other aspects, and to construct and perfect the specific legislative proposals that the amendment （eight） puts forward.
