Research On Crime Of Causing A Traffic Accident

The traffic accident frequency making crime of causing a traffic accident happening gradually every year. Facing to this composing crime and its frequency, the author discusses some questions, to guide the reality. So it has important role and theory value for control and precaution guilty. This article stands in the point of some puzzled questions in theory and practice, and analyses them, in order to help determining and resulting this kind of cases rightly in judicial practice.The article is divided into three parties, and there are about there ten thousand words.The author introduces the regulation of the crime of causing a traffic accident in criminal law in 1997, comparing the criminal law in 1979, the new one improves, but there are many questions in legality, especially on the dispute on revision of construct element, judicial determination and intent form of this crime regulated by the Interpretation on the Application of Criminal Law in Case of Causing a Traffic Accident, Stipulated by the Supreme People's Court Sentence Counsel in 2000. Soresearching this crime has important impact on theory and practice.The first part is negligence in this crime, and is divided into three aspects. Firstly, the author analysis on the theory of danger ratio and reliance in negligently crime, emphasizes on their important role in determining negligence duty and its degree in traffic accidents. Depending on the traffic reality and composing the economic and society development, the author suggests we should study the theory of danger ratio and reliance in legality and judicial practice, and use it in determining the crime of causing a traffic accident. Secondly, the author analysis negligently complicity in this crime, composing the conflict negligently complicity between the field of theory and practice, to determine negligently complicity of causing a traffic accident ,the author suggests receive the theory of negligently complicity, and can resolve this kind of question better. Thirdly, the author analyze the principle of complicity in new criminal law and determining the mental form of traffic guilty in theory, to determine this kind of guilty isnegligence guilty. The author holds negative attitude in complicity of this kind of guilty, but objectively there are negligently complicity in practice, so thinks we should meet the need of development in theory and legality and receive the idea of negligently complicity in accurate degree.The chapter two is about fleeing after causing a traffic accident. Fleeing is an important and puzzled aspect in crime of causing a traffic accident. In the new criminal law, fleeing is not only a aggravate construct element, but also has different role in different measurement of penalty. The author analysis the nature and type of flee, and probes that death caused by fleeing is a plot aggravate element. Further, the author also analysis the extent of death caused by fleeing, and explain the extent only be limited in plot aggravate and many crimes of same nature. At last, the author probes the relationship in fleeing, action before and homicide of non-action, and suggests limit the extent of not real non-action homicide caused by fleeing causing death.The chapter three is about other especial aspects relative the crime of causing a traffic accident. There are some aspects as following: Firstly, the determining in extent of means of transportation; secondly, the questions are not traffic accident; thirdly, the author discusses own opinion about these aspects relative judicial practice.