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Some Law Issues About The Crime Of Road Traffic Casualties

Posted on:2006-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y P YeFull Text:PDF
GTID:2166360185453458Subject:Law
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Abstract;At present, the crime of causing road traffic casualties inour country is very serious, ln order to meet the needs of fighting againstsuch crimes, Our criminal legislation, including judicialinterpretation, has experienced a process of development and is becomingperfect. However, in academic circles and judicial pratice, there are stillsome law issues about the crime, In this article, the author starts withthe constituion of the crime and theory of criminal legislation, makes athorough research on the questions of the specific constitution, the jointcrime of causing traffic casualties, and result in death because ofescape, and so on.Besides introduction and the end, The article is divided into, fourparties.The chapter one is about questions of the crime of causingtraffic. Dissertate primary and objective constitution factors andrelevant law regulations through which we can judge that crime when onwhat conditions.The chapter two is about the joint crime of causing traffic casualties. There are three aspects as following: Firstly, the authordescribe the academic points about negligence of joint crime and analysesthe question of its reasonablity; secondly, analyse the question ofAticle 5, Section 2 of《Explanation》; At last, point out joint crimeshouldn't exist in the crime of causing traffic casualties.The chapter three is about fleeing after causing a trafficaccident. Firstly, set forth the author' s viewpoint on the nature andconstitution of flee; Secondly, probes that death caused by fleeing is aplot aggravate element; At last, the author analyse the exetent of deathcaused by fleeing and constitution of death caused by fleeing, thenexplain the extent only be limited in plot aggravate and many crimes ofsame nature.The chapter four is about other especial aspects relative the crimeof causing a traffic accident. There are four aspects asfollowing: Firstly, the questions are not road trafficaccident; Secondly, analyse the one-sided accident of causing trafficcasualties; Third, the viewpoint about delivering oneself to the police; Atlast, analyse the question of Aticle 2, Section 1, Item 3 of《Explanation》.
Keywords/Search Tags:the crime of causing traffic casualties, the constitution of the crime, the negligence crime, the joint crime, flee, that death caused by fleeing
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