On The Crime And Punishment Of Road Traffic Offenses In China

As unsafe road transportation system is jeopardizing global public health and social economical development, casualties caused by road traffic accidents have become a main component of global mortalities and injuries. China is at its high-incidence seasons of road traffic accidents, and it leads the world in the amount of accidents and casualties. The severe situation of road traffic security calls for social reactions. Given the weakness of other controls, the criminal sanction is in a position to protect the wellbeing of various social groups. Compared to western legislation of road traffic crimes, the current model of Chinese legislation has failed to catch up with our current road traffic security conditions. The problem is not only on incomplete penal charges, but also on the unreasonable deploy of the punishments. This essay is based on the penal controls on the prevention of road traffic accidents with a view to the independence charge of several types of actions that cause serious harms to traffic security. Apart from that, several proposals are also presented on the improvement of the charges on dangerous driving in Criminal Law Amendment 8. The author advocates that the criminal punishment model of road traffic crimes should be sought under the view of criminal integration and protects the benefits of the majority through criminal sanction.As social development advances, people have become increasingly dependent on modern transportations. The amelioration of traffic conditions has brought convenience along with negative effects to the society. The renovating social protective mechanism of traffic security has still been a failure to meet the needs of the precautions against the risks of traffic security. This essay provides a comprehensive review of the history of legislative reforms on road traffic crime in China, and probes into correlative accusations and the deployment of criminal punishments in the light of juridical practice and theoretical studies. The essay starts with the congenital defects of legislation on traffic offenses, that is, the improper setup of serious accident as the premise of limitation and hit-and-run as the aggravated circumstance. Then, the author examines the postnatal deficiency of judicial interpretation on traffic accident crimes, that is, the plight of practice of the limitation on the responsibility of traffic accidents and the amount of incompetent compensation as the condition of charges. Along with the narrow legal crime circle, deficient preventive controls and the questionable accusation determination, the unmatched deploy of legal penalties and faulty functions of criminal punishments keep haunting the current traffic crimes. These problems have restricted the effectiveness of criminal punishments, making it difficult to handle the complicated situations with correlative provisions in the current criminal law.This article endeavors to view the traffic crime in the light of penal integration. It tends to examine, scan and tackle the problem of traffic crime by stages in the functioning of criminal law. The author has emphasized the expansion of the control on traffic crimes in the criminal law. With the inevitable accusation of dangerous driving, the scope of the law should be broadened to the relevant actions that harm traffic safety. Four suggestions are proposed:the first is the suggestion on the definition of the accusation of dangerous driving, aggravated offenses by circumstances and recidivism; the second is the separation of drunk driving from dangerous driving for independent accusation to regulate this offense more effectively; the third is the accusation of hit-and-runs; the last is the suggestion that the corporate reliability should be inquired for latent crimesAfter the explicit proposal on correlative legislation, the article expounds on the deployment of criminal penalties on traffic offenses in the perspective of penal code philosophy and criminal theory. The author emphasizes the requests on the deployment of punishments, the balance on the weight of crime and punishment, the individuation of punishment and the control on traffic offenses. On this base, the legislation of other countries and regions are drawn on to make a breakthrough in the single penalty model of the current criminal law in accordance with the adjustment of criminal and punishment circle. A new model adopts punishment against liberty, property-oriented penalties and qualification punishment as the main punishments with supplementary of community service sanction and other punishments. The author has also stressed the connections between penalty means and administrative sanctions for the formation of a sound tension between them two.