Study Problems Of Traffic Accident Crime

Chapter one of the thesis legislates to carry on comparative research to the Chinese and foreign traffic accident crime. In legislate at carrging on comparative research with Great Britain, American and French department national traffic accident. The thesis points out the differences that China and the United States exist in traffil accident violation and asserting and punishment of the traffic crime; In legislate at going on comparative research with mainland law department country and of our country Hong Kong Macao and Taiwan traffic accident, the thesis puts forward the legislative existing problem of traffic accident crime of our country and the enlightenment and inspiring given to us by legislating abroad.Chapter two of the thesis probes whether the personnel engaged in managing and commanding in communications and truns porlations as well as the non—motor vehicle, the pedestrian, unit person in charge, motor vehide owner, contractor and people by bus etc, could form the subject with guilty traffic accident or not in detail. The thesis also explains the general fault form of traffic accident guilty and the special fault form of "Causing people death to escape". The thesis proposes "Causing trouble two times" and analyses its subjective fault, puts forward destermining the nature and punishment to it. In one object, The thesis launches the theory review of "communications and transportations safe with the order", "traffic safety", "connunications and transportation order and people life, property safety", kinds of views of saying that cirtle exists. The thesis explains the basic important document in the objective respect with guilty traffic accident and queries three guilty objeltive respects stipulate should have something to do in "judicial explanation".Chapter three of the thesis carries on the research to the escape. That is, the focus and difficult point issue of traffic accident. According to progressive order, the thesis expounds the fact of escaping to traffic auident behavior at first. And proposes the different behaviors of two kinds of nature that the traffic accident escapes with the traffic accident; at the same time, the thesis makes sure that "behavior of escaping" does notdeclare the plot guilty, but the plot of measurement of penalty. Seundly, the thesis expounds the fact meaning and the present theory dispute of "Causing people death to escape". The thesis analyses the target range and the six kinds of behaviors that appeared in everyday life of "causing people death to escape" one by one. the thesis also puts forward the suggestion of punishing. Finally, the thesis carries on the research to the behavior of "seeing someone in mortal danger without giving a hand to save him". And analyses the nature of "seeing someone in mortal danger without giving a hand to save him". In traffic accident. The thesis also puts forward the argument of the behavior of "seeing someone in mortal danger without giving a hand to save him", to commit crime of intentional killing and how to define this behavior.Chapter four of the thesis explains the principle of trusting and its application in traffic accident crime. The thesis introduces the meaning and the origin of the principle of trusting and expounds the basis on theory origin of trust and permided to trust. Secondly, the thesis recommends the application of trusting principle in traffic auident crime abroad and discusses two questions meeting, in application. Finally, the thesis proposes our country should introdule the opinion of trusting principle and pay attention to the questions of using the trusting principle in traffic auidrnt crime.Chapter five of the thesis carries on research with the accomplice and giving oneself up to rraffic accident guilty. Firstly, the thesis proves the systerm of giving oneself up suitable in traffic accident crime and analyses the two situations of using the systerm of giving oneself up in practicing. Secondly, the thesis studies the accomplice problem of traffic accident guilty, explains if the common unintentional crime will be established. The thesis puts forward the behavior of vehicle persom in charge, motor vehicle owner, contractor does not commit the accomplice of traffic accident guilty, but form argument of different charges separately according to different fault forms and analyses and proves the concrete conditions.