Study On Relevant Issues From Judicial Interpretation Of Crime Of Causing Traffic Casualties

With the development of the transportation and the increasing amount of automobiles which are derived from establishment of the Chinese opening-up policy, the Chinese economy and modernization have stepped into an era in which they have been improved at an unprecedented speed. However, meanwhile the number of traffic accidents has been increasing, and the crime on the road has become one that happens frequently and damages the security concerning the life and assets of citizens seriously. The article 113 in Criminal Law is the legal rule since 1997 by which Chinese police deals with the criminal cases concerning transport. And to tackle with cases in accordance with appropriate laws, the Supreme People's Court issued "Explanation on Handling Cases of Causing Traffic Trouble In Accordance With Law" in 2000. The enactment and implementation of this Explanation play an important role in standardizing and unifying the execution of related norms, punishing traffic criminal activities pursuant to laws, protecting legal rights and interests of citizens. However, due to that the institution of this Explanation had to satisfy the practical needs and was restricted by the conventional ideas of dealing with traffic troubles, the explanations of some rules inevitably conflict with nomology as well as the original legislative intent. Such problems draw the intense attention of experts in academic field of jurisprudence and people who are in judicature, and bring about fierce debates.Based on the problems in the Explanation and by using the method which contains quoting theories and analyzing cases, I analyze these serious problems logically in this issue, and put forward jejune recommendation concerning legislation in order to carry out the Explanation in judicial practice and offer some suggestions about how to perfect the legislation of traffic troubles.There are totally 5 chapters in this issue. In the first chapter the author primarily introduces the Chinese evolution of crimes of causing traffic casualties and the main content of judicial Explanations of crimes of causing traffic troubles.In the second and third chapters the author criticizes and analyzes the objective and subjective elements which constitute traffic crimes of causing troubles, especially some problems, such as identification of responsibilities and incapacity for compensating, in the Explanation. On the one hand, when coming to the identification of responsibilities in traffic accidents, the author considers that pursuant to present laws, this task is not a specifically executive activity but the activity which is executed by traffic administration on purpose to supply evidences and can not be appeared. On the other hand, when it comes to the analysis of incapacity for compensating in traffic crimes of causing troubles, the author thinks that the only criterion, by which courts judge the crimes of people who commit traffic accidents, is that whether casualties have been compensated by people who caused the traffic accidents, whether it violates the value objective of just judicature, or harms the legal principal—everyone is equal in front of laws.In the fourth chapter the author analyzes the problem concerning the escaping after causing traffic troubles from two aspects: one the concept of the "escaping after causing traffic troubles:, the other the conviction and punishment of the escaping activity which leads to the death of others, pointing out that: 1. The Explanation defines the purpose of escaping as evading the legal liabilities while overlook that people who cause the accidents should be responsible for saving the sufferers. This definition is against the original objective of legislation. 2. In terms of the determination and handling with the causing traffic troubles and escaping which leads to the death of victims, the author considers it is inapt that the Explanation treats all cases that people do not adopt necessary measures to save sufferers so as to cause the death of victims as the crime of causing traffic casualties. The Explanation should take into account the situation that escaping after causing traffic troubles forms the crimes of intentional homicide as a result of omission, and the criminals should be sentenced to corresponding punishments in accordance with the intentional killing. 3. As for the problem to establish the concept that "negligent and complicit crimes of causing traffic troubles", the author considers that the article 7 in the Explanation accords completely with the decisive condition of "negligent and complicit crimes", but as for the article 5 in the Explanation, the author holds an opposite view.In the fifth chapter, the author gives several recommendations about the legislation of crimes of causing traffic troubles. With a view to present laws and the defects of judicial interpretations which have been pointed out above, the author brings forward suggestions on enactment of the crime of escaping after causing traffic troubles and to establish regulations on criminalization of traffic dangerous acts.