Research On Crimes Of Causing Traffic Casualties

The regulations on crimes of causing traffic casualties in Article 133 in the Criminal Law, Notification On Handling Cases of Causing Traffic Trouble According to Law jointly issued by the Supreme People's Court and the Supreme People's Procuratorate in 1987 and Interpretation of Legal Application on Hearing Criminal Cases of Causing Traffic Trouble made by the Supreme People's Court in 2000 is the chief basis for handling cases of causing traffic trouble. They play an important role in punishing and preventing traffic accidents and safeguarding traffic safety. But the existing regulations are not so perfect and there still exist problems which cannot be ignored in both theory and practice. This article aims to make a comparatively profound study of crimes of causing traffic casualties and make a rational analysis of crimes of causing traffic casualties by combining theoretical argumentation and positive analysis. This provides reference for determining and handling cases of causing traffic trouble in judicial practice.This 42,000-word article is divided into five chapters.In Chapter 1 Legislative Evolution of Crimes of Causing Traffic Casualties in China (as an introduction), the author introduces the origin and development of regulations on crimes of causing traffic casualties as the adjustment object of the criminal law to enable readers to have a good knowledge of the legislative evolution of crimes of causing traffic casualties in China. This chapter, as an introduction, elaborates the author's motive, research method, research goal and importance in writing this article. In Chapter 2 Concepts and Features of Crimes of Causing Traffic Casualties, the author first elaborates the concepts of crimes of causing traffic casualties and then details their features. The author holds that crimes of causing traffic casualties should be defined as "acts of breaking trafficmanagement laws and leading to serious accidents, such as serious injury, casualties or heavy losses of public and private property." Crimes of causing traffic casualties infringes upon traffic safety on roads, on water and in cities instead of railway and aviation safety. The vehicles covered in crimes of causing traffic casualties refer to motor vehicles or non-maneuverable vehicles used in roads, water and city transportation and may lead to losses of certain people's lives, health or public or private property. The objective aspect of crimes of causing traffic casualties refers to breaking traffic management regulations and leading to serious accidents, such as serious injury, deaths or heavy losses of public or private property. Crimes of causing traffic casualties are committed by the general subject, including those persons who are engaged in traffic transportation, but those who are not, including non-maneuverable vehicle drivers, passersby, passengers and the person in charge of an organization, the owner of a motor vehicle or contractor of a motor vehicle. The subjective aspect of crimes of causing traffic casualties is negligence.In Chapter 3 Judicial Determination of Crimes of Causing Traffic Casualties, the author first expounds the differences between crimes of causing traffic casualties and general violations against law. That is, the differences between crimes of causing traffic casualties and general traffic accidents lie in the seriousness of harmful consequences, and those between crimes of causing traffic casualties and fortuitous accidents in traffic accidents lie in "whether there is any actor's negligence leading to these accidents." Second, the author expounds the differences between crimes of causing traffic casualties and other similar violations against law. That is, the differences between crimes of causing traffic casualties, crimes of negligent homicide and crimes of negligently causing another serious injury lie in "different occasions and the object trespassed." Besides, the differences between crimes of causing traffic casualties, crimes of intentional homicide and crimes of willful and malicious in...