Comparison And Study On Traffic Offences Of Taiwan And The Chinese Mainland

The precaution of traffic accident is a system project, and the step of criminal law is such significant segment, in the way of the penalty punishment traffic crime to every state nation in world widely adopts. Because of different circumstances, the prevention and punishment as a criminal penalty of traffic measures are also different. On the conditions of our country, the comparison of model legislation, absorbing its merits for improving Chinese traffic crime legislation helpful. It may be said domestic at the moment on the traffic criminal expounds immense number of books, however does not yet there is systematically adjust the traffic crime carries on the comparing research article, this a pitiful. The writer longs for the comparing with comprehensive system to every the state nation traffic crime to do, in order to observe such superior and inferior, the criminal legislate of communication supplys the reference in the interest of our country. But, what it is seeing that datum lack the systematic learing level finitely, the originality is merely select our country Taiwan region traffic crime and the traffic offences of Chinese mainland to compare. Taiwan "Penal Code" relating to traffic offences legislation is based on the Japanese criminal law , and absorb partly by the German Penal Code, a certain degree of representativeness. At the same time, Taiwan and the mainland have similar legal culture and legal thinking. These have contributed to the traffic crime legislation providing more reference value, the more targeted use.By a total of five chapters, the former four chapters from the history and current legislation legislative, judicial and related theoretical horizontal two of the cross-straits traffic crime analysis compared to the same point respectively to describe the differences and to assess. Chapter V based on the previous four chapters, presented the Recommendations of the traffic accident. Specific content as follows:Chapterâ… , the wrier introduces legislation overview on traffic crime of the Taiwan and the Chinese mainland, and the course of development of cross-strait traffic crime and the state of legislation and the scope of cross-strait traffic offences to be clarified.Chapterâ…¡, the writer introduces the subjective features of traffic offence of Taiwan and Chinese mainland, explains the main features of the cross-strait traffic crime characteristics subjective, and on that basis to make a comparison. On the subject of crime, criminal law of Taiwan divide the crime into the main business of the people and non-business people who are engaged in acts of the conviction and sentencing of transport operations having a greater impact, and the Chinese Penal Code did not distinguish between; On crime subjective characteristics, Criminal traffic across the strait divides criminal negligence "awareness fault" and "no understanding of fault," the essence of the fault tend to avoid result, of the new fault theory. The difference here is that the criteria to determine fault: Taiwan region said the objective basis for the compromise and the subjective criteria for Chinese mainland. Taiwan traffic offences also divided into operational fault and the fault of ordinary negligence. In my view, there is no need to be divided into the subject of crime engaged in business with non-business persons, the fault does not have to divide into criminal negligence and common operational fault. In this connection provisions, the provisions of the Chinese Criminal Code is more reasonable.Chapterâ…¢,the writer introduces the objective characteristics of a part of the traffic crime ,the traffic crime of the cross-strait of the four issues to be explored and compared .First, the cross-strait of the criminal law to deal with traffic more dangerous acts that should be seriously jeopardizing the safety of dangerous criminal acts, which is conducive to the maintenance of safety. Second, cross-strait accident causing serious consequences for the criminal law to deal with the comparison. For property losses caused by traffic accident in the Taiwan region is not an offence in Chinese Criminal Code traffic accident crimes to be punished as an exception. Two region traffic offences found larger discrepancies standards, the main provisions of crime are also different. Third and Fourth, Taiwan and the Chinese mainland criminal acts and then fled on traffic accident and "because escape death" with the comparison, the Taiwan region penal provisions for the traffic accident fled their crimes and other crimes and crimes might. And the Chinese Criminal Code will serve as a traffic accident aggravated crimes committed. To limit the scope of people fled to escape the subjective and the requirements are also different mental attitude.Chapter IT, the writer introduces more traffic criminal justice part of the responsibility that cross-strait traffic offences and penalties for comparison. Traffic crimes in Chinese Penal Code that the responsibility should be found to introduce the principle of trust, which is conducive to the formation of good traffic order and traffic ethics. Meanwhile, Chinese mainland traffic accident Penal Code offences should establish criminal fines to improve this crime legislation.Chapterâ…¤is the Penal Code the traffic crime legislative perfect. Before the adoption of the text dealt with, the authors believe that the criminal law should establish traffic accident crimes potential damage offense to give full play to the general prevention function of the criminal law. Meanwhile, in a traffic accident in fines criminal offence. With regard to the processing of traffic accident and then fled, I do not agree to their criminal ones. Criminal legislation should be clear that "due to escape death" sin form of negligence and willful. The unit supervisors or owners of motor vehicles, the occupants directs incumbent escape acts, which constitute a crime to voluntary manslaughter conviction punishment.