Some Problem Studies Of Traffic Accident Crime

The traffic accident is committing a crime which sends out common height in actual judicial practice, our country criminal law and the relevance judiciary explanation although having assumed comparatively detailed and clear regulation, there are a lot of dispute in existence. The main body of a book discusses and carries out some problem by descrypting systematically to traffic accident crime, strives to apply method of theory with practice, combines the theory of constitutive elements of a crime and the relevance theory of criminal law, correct that crime significant dispute problem brings forward rational making an explanation, and look forward to being able to come into being to traffic accident crime theory and practice certain positive role.The main body of a book has four parts, about more than 35,000 characters.Part I mainly discuss the concept of traffic accident crime and the relevance theory of constitutive elements of a crime. The concept of traffic accident crime, the ideas of the main body of a book," the behavior violating traffic control law and regulation, significant road accident happened as a result, causing person serious injury, death or making property public and personal suffer heavy losses". On the main body, this crime is the general main body , make an explanation according to law and the judiciary, this crime main body is not confined to the traffic personnel, being worth paying attention to is that the means of transportation travels by a personnel and is instigated by, the unit making others drive against rules by force is in charge of a personnel, the mechanically-propelled vehicle proprietor or the mechanically-propelled vehicle contracts person, the main body also may compose this crime. On subjectivity, this crime belongs to general involuntary crime. The traffic accident crime object is that mass transit transports safety, violating traffic law and regulation on the objective is this crime damage behavior, bringing about grave legal rules result is this crime damage result, The judiciary makes an explanation though thin having spent fundamental damage result in committing a crime of crime, have very big flexibility on practice operation, the main body of a book is inspected when discussing behavior and endangering the causal relationship between result, trying to use binary differentiation viewpoint to be in progress to the causal relationship.Part II in according to firming the traffic accident crime. The main body of a book mainly discuss two the following problems: One problem is being traffic accident crime and road accident responsibility, another is the differentiation being traffic accident crime and not.For the first problem, the main body of a book think that it is important to punish the crime for the traffic accident responsibility. That the secondary character goes ahead, the road accident responsibility of public security organization firmly believes that, is one speciality nature activity that public security organs carries out, not having concrete administration behavior character, character being that one kind identifies behavior, accident responsibility sets mind on a book having an expert conclusion essentially. The court is gone to in applying to that responsibility sets mind on to public security organizations road accident, responsibility sets mind on and combines the accident ought to persist in consulting public security organs other evidence, defendant naturally beneficial to deciding if the accident responsibility gathering message that organ firmly believes that, remaining doubtful. Responsibility deduces a road accident, can not apply to criminal trial middle. To second problem of this part, the differentiation the main body of a book has been set forth being unobstruct causing trouble putting the blame on and being similar with other committing a crime, studies the difference of traffic accident crime mainly and offense against public security with dangerous method, fault delivers person death crime, fault delivers person serious injury crime, make use of means of transportation crime of intentional homicide, crime of intentional injury, significant accident due to negligence crime.There is the traffic accident crime criminal liability relevance stipulates in the Part III. The problem having narrated law and the judiciary detailedly explaining criminal liability regulation, and correspondence about traffic accident crime paying attention to has written the main body of a book expounding: 1, the traffic accident hits the target voluntarily surrendering self problem; 2, accomplice problem in traffic accident; 3 escapes from traffic accident behavior and the problem running away cause person dies.Part IV mainly discuss traffic accident crime legislation, the explanation of legislation and perfect problem of judiciary. The main body of a book suggests currently in effect in connection with traffic accident crime legal rules place of not improving and perfecting in the front combining with: 1, our country ought to legislate go ahead increasing setting up traffic accident crime of escaping from the site; 2, revises a debt paying ability being the traffic accident crime damage result.