The Study On Issues Arising From Legal Application Of Crime Of Causing Traffic Casualties

Major:J.MResearch Direction: Criminal LawAuthor: Li LiTutor: Su Huiyu ProfessorAmong the crimes of endangering public security stipulated in Chinese criminal law, the rate of exposed cases concerning crime of causing traffic casualties remains high. Hit-and-run cases become conspicuous with each passing day. Crime of causing traffic casualties has always been a hot and annoying topic theoretically and practically. This thesis discusses the component elements of crime, articles and related interpretations concerning crime of causing traffic casualties. It explores several issues arising from the crime, analyzes the conflict between related theory and practice, and suggests further study. This thesis mainly consists of three parts.Part one deals with cognizance of subject of crime of causing traffic casualties. It argues that subjects are general ones, including traffic transporters and non- traffic transporters. There are two controversial issues arising from the matter. Firstly, should drives, passers-by or riders if the motor vehicles be subject of crime of causing traffic casualties? According to criminal law and related regulations governing traffic as well as concrete traffic situations, people mentioned above should be sentenced to commit crime if they violate regulations and thereby causes a serious accident. Secondly, should directors of units, owners or contractors of vehicles be subjects of crime of causing traffic casualties? The related interpretation stipulates that people mentioned above should be convicted if they order or force others to drive against regulations and thereby result in serious accidents. The writer believes that the provision is deficient in theory or practice.Part two commends on the objective requisites of subject of crime of causing traffic casualties. This part generally introduces the content of crime of causing traffic casualties stipulated in 1997's criminal law and related interpretation of the Supreme Court. It mainly explores two issues as follows. The first issue is the influence of the cognizance of reliability in traffic accidents in crime determining. The writer argues that it is more reasonable to regard the liability as a circumstance of sentencing rather than a requisite of sentencing. The second issue deals with inability to compensation. Whether the trouble-maker has the ability to compensate for injuries or deaths or heavy losses of public or private property is regarded to be one of the foundations in determining guilt and weighing penalty. The writer argues that this provision conflicts with the objective requisites of crime stipulated in criminal law and the basic principle of conviction and penalty in accordance with law. Further, it confuses the standard of civil responsibility with that of criminal responsibility; thus it interferes judicial justice.Part three deals with the comprehension of hit-and-run. Hit-and-run is important and complicated concerning crime of causing traffic casualties; thereby, it is a main part in the thesis. The matter covers the following aspects. First of all, the writer discusses the development of regulations of hit-and-run. By comparison of ever-developing provisions on hit-and-run in different periods, the writer analyzes the strong measures of punishing hit-and-run against different legislative background and affirms the necessity of punishment on hit-and-run. Secondly, the writer introduces various regulations on hit-and-run in other countries and areas. To be specific, the writer introduces those in German, Japan, Russian and Taiwan. It shows that hit-and-run is not unique to any country or area; it is universal. Thirdly, the definition and condition of hit-and-run is discussed based on the analysis of different viewpoints of other scholars. Fourthly, the walter classifies hit-and-run, compared with regulations of crime of causing traffic casualties in different countries and areas. Fifthly, the conditions and nature of death because of hit-and-run is analyzed in combination with judicial practice. The writer argues that death because of hit-and -run can be caused negligently or indirectly intentionally. Finally, the writer explores the legal nature of hit-and-run instruction. Theoretically, there remain various opinions on the issue; the writer dissertates that hit-and-run instructors should not be convicted as accomplices.