Research On Several Issues Of The Crime Of Causing Traffic Accident

Along with social development, traffic accident is becoming more and more serious,and crime of causing traffic accident has the characters of frequent occurrence andcommon appearance. As for the spatial issue, subject issue and running away issue etc.of the crime of causing traffic accident, scholars debate drastically. From the differentpoints of view, so far some of the issues didn't come to an agreement. In my opinion, itis necessary to discuss this thesis;thereby I take it as my master dissertation withoutdoubt.The aim of my project is to discuss the crime of causing traffic accident byanalyzing the existing viewpoints, then conclude each viewpoint of scholars and try tomake some issues clear.This article is divided into four parts, their abstracts are as follows:Part one, the spatial scope of the crime of causing traffic accident is expounded indetail. This crime is a little special, when we research this crime, the spatial scope mustbe discussed. Whether this spatial scope is under the transportation or any spatial scopeor discussing the spatial scope according to the fact, scholars debate drastically. Onlycan we make this issue clear, we can distinguish this crime from other crimes. This partincludes two chapters. In chapter one, different viewpoints of scholars are introduced,while in chapter two, I remark on each viewpoint and indicate my own point referring toHong Kong's manner, namely, the spatial scope of the crime of causing traffic accidentwhich comes into existence is the place which has public transportation for people. Inpart one, the scope of traffic crime is defined to distinguish it from other crimes.Part two, the subject of the crime of causing traffic accident is introduced. Who canbe the subject of the crime of causing traffic accident, when he caused the trafficaccident, this issue is controversy. As to the subject of the crime, there are controversiesin the academic circles. This article holds that their standpoints do not grasp the standardof the subject all around and correctly. This part is divided into three chapters. In chapterone, mainly discuss the subject connotation of the crime of causing traffic accident andfrom each aspect confirm its subject is general. Firstly, the general subject is expressed,then discuss some viewpoints, finally, in my opinion, "all people undertakingtransportation, as long as violating regulation governing traffic and transportation, andcausing some people death or great loss of property, except airmen and railway workerviolating regulation of aviation and railroad," that we define this as subject of the crimeof causing traffic accident is reasonable and comprehensive. In chapter two, the subjectscope of the crime of causing traffic accident is expounded. According to the aboveexpression of general subject, the subject of the crime of causing traffic accidentincludes the person undertaking transportation, person not undertaking transportationand person affecting the normal traffic system. Also discuss the subject of correlativeperson, including the governor of company and the owner, contractor or passenger ofvehicle, whether they would be the subject of the crime of causing traffic accident or not,in my opinion, they can not be the subject, because this doesn't meet the constitution ofthis crime. At last, discuss whether the crime of causing traffic accident would establishjoint crime, according to the theory of criminal law in China, nowadays theestablishment of joint crime in crime of causing traffic accident won't do. In chapterthree I also discuss whether unit can be the subject of the crime of causing trafficaccident or not. Above all, two opposite viewpoints is introduced, and then evaluatethese two viewpoints. From the view of preventing crime, I think it is feasible to admitthe unit being the subject of traffic crime.Part three, it focuses on the issue of escaping from the spot. In the occasions thattraffic accidents take place, the troublemakers have legal duties to save the wounded orproperties, to report to the police and accept the disposal. But not all the troublemakerswill obey the law and carry out these obligations, and some troublemakers run away inorder to avoid fulfilling the obligations, and this bring much trouble to the disposal oftraffic accidents. In order to punish such disgusting behavior, the criminal law stipulatesthat if someone runs away from the spot after he has caused a traffic accident or hisescape results in the death of another person, the punishment should be aggravated. Itconsists of three chapters. In chapter one, different regulations on dealing with therunaway action behind of traffic accident are introduced, and list some examples.Chapter two involves three sections. In section one, discuss the definition of "person" in"death caused by escape", the "person" is limited to the injured one in the formeraccident. In section two, the person's subjective aspect who escaped from the accidentspot is expressed. It includes negligence, indirect intention and negligence intention.Taking an objective view of a situation, the person's subjective aspect who escaped fromthe accident spot would be negligent or intent. In section three, analyze the characters ofrunaway action, whether it is active or negative. From the view of definition of negativeaction, whatever the typical escape or the transform escape, it is a negative action. Inchapter three, runaway action and homicide is to be introduced. First of all, discuss theduty of negative action which is ruled by action in advance and law. Then in order tomake the negative action and the active action equivalent, put forward a judgment by theright exclusively dominating life .At last conclude each responsibility caused by escapeand ascertain the three sentencing levels and applicable rules for homicide of trafficcrime.Part four, I expound the punishment of the crime of causing traffic accident. NowChina is in course of a special period during which traffic accidents happen veryfrequently. This severe status will certainly cause the defensive action of the society, it isnecessary to design and perfect the network of criminal sanction. After introduced andevaluated the foreign legislations I analyze and review the current problems of the crimeof causing traffic accident in China. There are several problems in the punishment of thecrime of causing traffic accident. One problem is that there are only freedom penalties incurrent effective criminal law for the crime of causing traffic accident, and this statusmakes Chinese criminal law fall behind the western countries and can't suit the complexsituations of different kinds of traffic accidents. In designing the categories of thecriminal sanctions we should increase the application of property and qualificationpenalties and decrease the application of freedom and imprisonment penalties, we couldalso apply some other measures to take the place of criminal sanctions in this way wecould promote the effectiveness of the criminal sanctions. This part involves three issues.First, introducing the correlative regulations of criminal law in China;second,introducing the regulations of criminal law in Germany;at last, comparing eachregulation, In my opinion, absorbing fines and penalty of qualifications into criminalpunishment is applicable for bringing criminal law into practice.The criminal law of 1997 has made a revision and perfection to the Crime ofCausing Traffic Accident, and the supreme judicial organ has also issued detailedexplanations to its application, but there are still some defects in the regulation of thecrime, and they need to be perfected. At the end, this article analyses the defects in thelegislation, and then puts forward some suggestions of perfection in order that it can behelpful to the correct application and prevention of the crime.