Research On Several Issues Of The Crime Of Causing Traffic Accident

In recent years,drunk driving cases in Nanjing, a drag racing case in Hangzhou, Weiming Sun's case in Chengdu and a series of other high-risk traffic accidents caused by malignant actions, has provoked great concern in associated communities. In this regard, the hot topic for the general public is how to define guilt and innocence and the legality of using the legal theory and judicial practice of existing provisions of the Crime of defects and how to conduct complete criminal and other controversial issues. From the theoretical and practical aspects of judicial proceedings describing the concept of the Crime and their components, and related Casualties and deaths caused, possibly escape the identification, whether the additional crime of dangerous driving and criminal law based on the current Criminal Law Sentencing for the Crime, creates a possible loophole in the standard setting and solution of other hot issues, and the Crime of the current judicial interpretation of the articles and do not meet the practical needs of the section presenting its proposals.First, described the basic theory of the Crime. The concept of the Crime and their components in the analysis, particularily on the criminal law field through different theoretical perspectives relevant comparative analysis of the composition of the Crime of points were discussed, and which involves some of the controversial theory of criminal law proposed in their own views.Second, the proposed traffic accident on the Escape and the Escape after the death of these two provisions of the Crime of the law aggravating circumstances should be noted that the identified issues and experience in judicial practice, traffic accident, "escape the second identified "situation analysis should be a simple accident of illegal behavior caused the harm should bear the results of the influence and power of reason, and then determine its belonging to the aggravation of traffic crime or guilty of the basic offense.Third, investigating the crime of drunk driving; is a traffic accident, an additional endangerment of public safety, and whether the dangerous driving offenses should be added. Proposed to drunk driving charges and other dangerous driving behavior, the establishment of a separate crime of dangerous driving are a suspected abuse of the abstract theory of Dangerous, as a legal basis for the construction of the crime of dangerous driving is not appropriate. Dangerous driving behavior suggested that the perpetrators of traffic regulations as statutory aggravating circumstances, and the appropriate sentence.Fourth, the Crime Sentencing for the current existence of a lower rate, more single issue of punishment, made applicable to a suspended sentence should be strictly controlled to reduce suspensions of the application of standards and clear the traffic accident compensation, as the Crime of the statutory sentencing circumstances in sentencing rate on the abolition of detention, and improve the legal punishment of, and expand the scope of the Crime and Penalty additional traffic as a source of funding for social assistance fund proposal.