The Improvement And Development Direction Of The Traffic Accident

Because of the particularity and complexity of the crime of multiple traffic accident, many different ideas were proposed in the academic community. In this paper, the defects of our country related regulations and insufficient were discussed, and the views and ideas of the traffic accident crime was presented. Since the founding of the People's Republic of China, the efforts have been made in this area. The introduction of the Eighth Amendment to Criminal Law crime of dangerous driving is the case. But I think is inadequate. In order to adaptation the needs, charges to be refined, additional crime of hit and escape, except crime of dangerous driving.This paper can be divided into four chapters. The first part is the analysis of the crime, including the development and evolution the legislation of traffic accident crime, and the crime from four aspects: criminal subjects, subjective elements of crime, criminal objects and criminal objective elements. Criminal subjects is general, person engaged in transport or not; the subjective elements is negligence and not intention; the criminal objects is transportation safety; objective elements refers to serious injury, death and severe damage of public and private properties made by serious traffic accidents because of the violation of traffic regulations.In chapter two, the current shortage of the crime was reflected by using two traffic accidents as start point. In my opinion, present the crime did not reflect the existence of indirect intention traffic accident, drunk driving does not highlight the dangers of dangerous driving, and there is no escaping the severity of reaction. So it should be improved. In chapter three, foreign law and regulations on the crime was analyzed. And experiences were obtained as references for improving traffic law in our country.In chapter four, the traffic law was improved by using the reference of the crime of defects and deficiencies, and combined the experience of the foreign experience to improve the relevant laws of China. I believe that if the traffic accident crime needed to be improved, refining charges is essential. Although the crime of dangerous driving have to be into the Eighth Amendment to Criminal Law, it's need to introduce criminal hit and escape crimes, and distinguish between different traffic accident guilty of the crime.