Japanese Theories and Practices on Joint Negligence Crime
Zhao Yu-ron
Abstract
Zhao Yu-ron
Abstract
There are many different ideas on the offense of joint negligence between the scienceof criminal law and the field of practice in Japan.The science of criminal law has the theories ofaffirmation,negation and partly affirmation on whether there is joint actual offender ofnegligent crime.The lawmaking stipulation is vague,and judicial department has two totallyopposite cases.There are the theories of affirmation and negation on whether there is negligentcommon crime on instigator and accomplice in the science of criminal law,but lawmaking andjudicial department approve the theory of negation.
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There are many different ideas on the offense of joint negligence between the scienceof criminal law and the field of practice in Japan.The science of criminal law has the theories ofaffirmation,negation and partly affirmation on whether there is joint actual offender ofnegligent crime.The lawmaking stipulation is vague,and judicial department has two totallyopposite cases.There are the theories of affirmation and negation on whether there is negligentcommon crime on instigator and accomplice in the science of criminal law,but lawmaking andjudicial department approve the theory of negation.
Key concepts: Lawmaking, Stipulation, Negation, Criminal law, Law, Political science, Criminology, Sociology