2005•Journal of Shandong Public Security CollegeRequires access
Foundation of Liability in Offense of Joint Negligence
Guo Zi-li
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Abstract
According to the traditional ideas,the foundation of liability in joint negligence is laid by the essential doctrine of joint offense.Since offense of joint negligence involves with the foundation of negligent offense,it differs from the ordinary intentional crime.The liability in offense of joint negligence should be discussed from the natures of joint offense and negligent offense.Among various doctrines concerning the nature of joint offense,breach of joint duty of care contains not only the mental connection of coactors but also the objective connection of joint behavior.On the basis of mental connection,joint behavior and the breach of joint duty of care as well as the relationship among them,the author believes that the essential foundation in the offense of joint negligence is the duty of coactors' supervision over each other.