Dynamic research at home and abroad

1. Foreign criminal law theorists have come to two conclusions: positive theory and negative theory, and some scholars advocate limited positive theory.

(1) affirms that crime is a manifestation of the subjective malignancy of the actor, and that "* * * follows the crime" is a manifestation of * * * following the evil, while * * * following the crime is only something to realize the subjective malignancy of the actor.

(2) Negation holds that * * * and crime are two or more persons with criminal responsibility who jointly participate in the implementation of a crime.

(3) Limited affirmation holds that * * * negligent accomplice is generally not established, but when all * * * colleagues have the duty of care stipulated by law, and * * * has violated this obligation, it should be considered as negligent accomplice. It is true that criminal law scholars in Germany, Japan and the former Soviet Union advocate the theory of * * * increasing day by day, but in Germany, Japan, Russia and other countries, the theory of denying * * * is still in a universal position.

2. At the domestic theoretical level, most Chinese scholars hold a negative attitude towards the negligent crime of * * from the provisions of the criminal law, thinking that "the reason why the law stipulates that * * * has negligent crime is because all * * and criminals use each other's behavior within the intentional scope of * * negligent crime, while * * has negligent crime."

Some scholars hold a positive attitude towards the negligent crime of * * * from the actual needs of legislation and judicial practice. China's criminal law has recognized the concept that * * * is at fault, and the second paragraph of Article 25 of the criminal law stipulates that "two or more people are at fault, ..." is a proof. However, China's criminal law does not treat negligent crime like traditional negligent crime.

Significance of topic selection

1. At present, China advocates Scientific Outlook on Development, which requires us to look at the problem from the perspective of development. With the development of economy and society, the types of criminal crimes are diversified, and some criminal law theories can no longer meet the needs of conviction and sentencing. Therefore, the study of negligent crime has far-reaching political significance.

2. In terms of legislation, China's legislation denies negligent crimes, which makes many crimes in real life not punished as they should, which is not conducive to the establishment of our legal system. The study of negligent crime is helpful to improve the socialist legal system with Chinese characteristics.

3. From the judicial level, the sentencing of different criminals who commit the same negligent crime in criminal judicial practice in China is often quite different, which is contrary to the principle of equality for all in the application of criminal law in China. The study of negligent crime can provide corresponding guidance for judicial practice.