Basic Research On The Road Traffic Negligent Crime

The133rd regulation of Our country criminal law is the system of traffic accident crime of our country law, which states:" in violation of the traffic regulations, thus the occurrence of major accidents, causing serious injury, death or serious losses to public or private property," constitutes the crime of causing traffic casualties. The crime of negligence crime, academia is controversial, but for the determination of negligence, still in the academic and practice there are many problems. China’s relevant traffic regulations (" road traffic safety law ") and (" judicial interpretation of the Supreme People’s Court on the trial of criminal cases of traffic accidents specific application interpretation of several issues such as ") promulgate, the traffic accident crime standards were more clearly defined, but the " violation of traffic regulations " and " caused by people serious injury, death or serious losses to public or private property " are embodied as the crime objective aspect of the elements, but not directly specified traffic determination of negligence standard and mode, this leads to the judicial practice in the application of traffic accident crime punishment traffic violations, tend to punish irregularities caused by the harmful results of objective fact, and gradually neglect on the behavior of human subjective fault inspection. However, traffic determination of negligence, not only in the subjective judgment, and shall be on the traffic accident crime patterns in the overall review, this namely traffic negligent crime inspection framework, the so-called traffic negligent crime, which engaged in transport activities, on the harmful results caused by negligence transportation criminal activities.Traffic negligent crime is a kind of criminal negligence,"if that loss caused death crime is a common criminal negligence are typical, so the crime of traffic accident is negligence on behalf of the business." The fault into consideration, should strictly follow the ordinary negligence theory and construction, different theory of negligence, certainly will influence the traffic criminal negligence test architecture. Therefore, for traffic negligent crime research, first of all should be the basic theory of negligence, establish general fault inspection methods; and then in the general negligence theory foundation, combined with the special problems of traffic negligence, negligent crime review mode of transportation.This paper is divided into five chapters, the main contents are as follows:The first chapter focuses on the basic theory of criminal negligence, the article first introduces the theory of negligence of the development process, from the earliest old negligence theory to the theory of purpose, to the new negligence theory and on the illegal on the fault of system, finally to the present-day Germany and Taiwan’s most popular objective imputation system, this article in combing the theory system on the basis of the characteristics, analyzes the basic elements of negligence, and the negligence system is presented in this paper on the basic viewpoint, that criminal negligence should be in our country criminal theory system construction, should from advocate objective two respects review focuses on negligent crime constitution, the objective should be examined whether the actor has violated any attention rule, manufacturing and realize the law does not allow of risk behavior, thus contradicting the results avoidance obligation; should be subjective review whether the actor on results have anticipated possibility, but did not foresee.The second chapter is the first chapter in the construction of negligence crime system in crime of causing traffic casualties in specific, of traffic negligent crime review system, and that our country traffic accident crime stipulated in violation of the traffic regulations will constitute the crime of traffic accident, it pays attention to regular sources should be embodied in the traffic regulations. Our country traffic accident crime objective aspect mainly examines the behavior of human is in violation of the traffic laws, thereby generating method do not allow the risk, and this risk realistic implementation. Subjective aspects mainly examine the behavior person for traffic accident results in poorly predicted possibility, foresee the possibility of object includes not only the result of crime, should also include the behavior and the results of the causal relationship between processes.The third chapter of this article studies the content of faith principle in the traffic negligent crime review system application. Research on the principle of trust development, concept and theory foundation, on the basis of the principle of trust theory status and in German and Japanese criminal law and Chinese criminal law application situation, and that the principle of trust itself exists to overcome difficulties, but also to allow the risk theory is directly replaced, so in this paper framework without the necessity of introducing the principle of trust.In the fourth chapter of this paper is the study of the protective purpose norm in traffic negligent crime cognizance of the status and role of. The article thinks, pay attention to the standardization of the protection aims to judge the traffic behavior and traffic negligence negligence result of a causal relationship the essential factors, pay attention to the standardization of protection is based on traffic imputation behind the specification aims and objective of behavior and results between the causal process compared to judge the behavior and results, the causal relationship between status.In the fifth chapter of this paper studied the main content is the traffic criminal negligence of other issues, including traffic competing negligent crime and the common fault of traffic and the duty to treat such problems. The article thinks, traffic competing negligent crime is the number of people without common intentional dangerous behavior due to hazards results, and the common traffic fault is several people based on common implementation of the manufacturing process does not allow the risk of deliberate and implementation of risk behavior, thus causing the harm result status. Finally this paper, dangerous behavior intention were studied, with dangerous driving from the perspective of crime analysis of risk behavior recognition of intention and related crimes difference.