Research On The Several Debates About Traffic Offence

Traffic offence is a kind of common and frequently happened crime in modern society. After the enactment of the 1997 criminal Code, Escape behavior of the traffic accident was the trend of high Traffic offence provisions start to unsuited to the new situation about hitting the crime traffic accident. To solve this problem, The Supreme Court issued a traffic accident in practice and application of certain provisions of the crime. But the interpretation of the provisions such as the qualitative behavior of the traffic hit and run on issues are still in dispute. In addition, frequent occurrence of the vicious traffic in recent years, brings serious threat to the people's lives and property .which is Aroused strong resentment among the community. People are calling to punish such a high incidence of crime with the draconian punishments. Practice departments in dealing with such cases in the conviction and sentencing are also in trouble. Through investigating the causes of such crimes, beside the poor traffic accident administrative law enforcement and management, it also have the relationship with the Criminal offense under the legislation set up a simple and unreasonable traffic accident. This paper revolves issues around the nature of escape behavior of the traffic accident, dangerous driving behavior and the rational allocation of penalties of traffic accident regulate and so on. This full-text is divided into five parts.Part one: Research on escape behavior of the traffic accident. This section the author mainly discusses the problems about the subjective nature of sin and the circumstances of "traffic accident after the escape" and "Traffic accident causing death after the escape". The author insist that the traffic offense and the escape behavior of the traffic offense are two different kinds of crime. That put "hit and run" and "hit and run causing death" as the aggravated criminal law provides of the traffic offence, existting many problems can not be explained in criminal judicial application.Part two: the Supreme Court 2000"interpretation" interpreted some escape behaviors as the complicity crime in the traffic offence. As China's General Principles of Criminal Law expressly provides a common crime is a common intentional crime, the traffic accident is typical of the crime of negligence criminal,this interpretation obviously violate the principle of Legality. The author think that putting the behavior of"the hit and run"Independence through legislative means is helpful to solving the problems.Part three: The problems about the Subjective form of sin of dangerous driving behavior. This section through comparing the Sun Weiming drunken case with Hu Bin speeding driving case, we can find the problem that there is a non-uniform subjective standard of application of sin problem in dealing with such cases in Judicial practice. The reason that causes the problem is that there are different arguments between the criteria for judging whether the criminal negligence is based on the perpetrator of the act or the result of mental attitude. Through reference to behavior and result of no value theory and acts of negligence Potential Damage worthless theory,the author think that dangerous driving behavior should be classified as a kind of offense that the crime of unity into the traffic accident to regulate the system.Part four: The problem of penalty application of traffic offense. In this section, focus on the unbalanced status of penalty application in traffic offence from our country's judicial practice, and analysis the causation and infection, finally present the countermeasure to solve this issue.Part five: The supposing to improve the lawmaking on traffic offence.In this section, the author present some compose such like criminate the escape independent, add the levels of critical, and adjust the grade of condemn. Explain the meaning for lawmaking by explanation.