Research On Crime Of Causing A Traffic Accident

At present, the situation of social traffic accidents in our country is very severe. With the fast development of market economy, traffic accidents will keep up a steady increase in a long time. So it has important role and theory value for control and precaution guilty to study the Crime of Causing Traffic Accident. This article mainly aims at disputed the major problem in the Crime of Causing Traffic Accident theory and the judicial practice, and union crime constitution theory and the criminal law related theory, analyses concrete crime constitution and the disputed question about the Crime of Causing Traffic Accident, by the time to the judicial practice in recognized initiates the criminal case with the processing transportation to have the certain help.This article is divided into five parts, over 50,000 words.In chapter 1 is an introduction to crime of causing a traffic accident; the author elaborates legislation evolution and concept of crime of causing a traffic accident. The author holds that crime of causing traffic casualties should be defined as "acts of breaking traffic management laws and leading to serious accidents of traffic, such as serious injury, casualties or heavy losses of public and private property."In chapter 2 are features of crime of causing a traffic accident. Crimes of causing traffic casualties infringes upon traffic safety on roads, on water and in cities instead of railway and aviation safety. The vehicles covered in crimes of causing traffic casualties refer to motor vehicles or non-maneuverable vehicles used in roads, water and city transportation and may lead to losses of certain people's lives, health or public or private property. The objective aspect of crimes of causing trafficcasualties refers to breaking traffic management regulations and leading to serious accidents, such as serious injury, deaths or heavy losses of public or private property. Crimes of causing traffic casualties are committed by the general subject; the subjective aspect of crimes of causing traffic casualties is negligence.In chapter 3 is judicial determination of crimes of causing traffic Casualties, the author first expounds the differences between crimes of causing traffic casualties and general violations against law. That is, the differences between crimes of causing traffic casualties and general traffic accidents lie in the seriousness of harmful consequences accidents. Second, the author expounds the differences between crimes of causing traffic casualties and other similar violations against law, research is mainly focused on the differences between crimes of causing traffic casualties and crimes of negligent homicide ( crimes of negligently causing another serious injury), between crimes of causing traffic casualties and crimes of intentional homicide and crimes of willful and malicious injury by means of vehicles, between crimes of causing traffic casualties and crimes of jeopardizing public health in a hazardous way. between crimes of causing traffic casualties and other crimes of serious liability accidents, between crimes of causing traffic casualties and crimes of dereliction. Third, the author expounds offense of joint negligence.In chapter 4 is the criminal liability of crimes of causing traffic Casualties. The author first elaborates the legal provisions on crimes of causing traffic casualties in the criminal liability, then the author chiefly expounds escape in traffic accident crime, which involves several aspects as follows, first, definition of escape in traffic accident crime; second, Essential character of escape in traffic accident crime; third, determination of escape in traffic accident crime; fourth, the author expounds .the differences between fleeing causing death and homicide of non-action; fifths escape after traffic accident leads to the death of the injured part. At last, the author expounds determination of the confessing behavior after traffic accident.In chapter 5 is several legislative suggestions. The author points out in combination with the analysis of imperfections of the related existing regulations on crimes of causing traffic casualties: First, amend the standard which repayable ability is made up of constitution crime of causing a traffic accident; second, augment finepunishment; Third, disposition qualifications punishment; fourth, establish crimes of causing traffic trouble and escaping.