A Study On Several Problems Of Traffic Accident Crime

Traffic accident crime is a criminal offense which occurs commonly and multiply in actual judicial practice. Particularly, in recent years, with the development of economy, the prosperity of transportation and the advancement of living standard of Chinese people, family cars become the very popular means of transport. In consequence, criminal cases caused by traffic accidents increased. In order to adapt to the necessity of struggling to the traffic accidents, our Chinese criminal law has experienced a continuous development process on the legislation and the judicial interpretation of the Supreme People's Court of traffic accidents, and now the legislation becomes better and approaching perfection day by day. However, in actual judicial practice and the theoretical field of criminal law, many issues have been in a hot discussion, such as the main body of traffic accident, the escaping conduct after traffic accidents and the death caused by escaping, the common criminal negligence and the improvement of legislation. Therefore, building on other people's outstanding achievement, the author of this thesis will make a further study on these issues.This thesis falls into four chapters and has 30,000 words around.Chapter one is the study of the main body of traffic accident crime. From the scope of the main bodies of traffic accidents (transport staff and non-transport staff), the author of this thesis mainly analyzes and discusses several kinds of main body qualifications non-transport staff, including the main body qualification of non-vehicle and non-powered ship drivers, the main body qualification of participants in transport, the main body qualification of passengers, the main body qualification of the manager of transportation means and the main body qualification of other people who can influence the transportation means.Chapter two is the investigation of some problems about the"escaping"after a traffic accident. It covers the definition of the"escaping"after a traffic accident, the definition of the"death caused by escaping", the legal nature of the"death caused by escaping"and the determining of the nature of the criminal and the content of discretionary penalty. Mainly, the legal nature of the"death caused by escaping"and the determining of the nature and the disposal of the complex situations in the case of"death caused by escaping"have been discussed. And the problems of common crime on the"escaping"after a traffic accident has been exposited in detail, which is an analysis of the second item of Rule No.5 and No.7 in"Judicial Interpretation".Chapter three is about the judicial determination of the traffic accident crime. The author of this thesis analyzes the difference between the traffic accident crime and the general accidents, the unexpected accident, negligently causing death crime, crime of murder and crime of willful and malicious injury etc.Chapter four is about the suggestions on the legislation. Legislative proposals in the medium, due to the single type of our penalty on the traffic accident crime, the author of this thesis suggests to add the qualification-penalty and the fine-penalty. For the specific name of the penalties, the author of this thesis suggests to add the mane of crime, such as the crime for causing danger in transportation and the crime for escaping after a traffic accident. Finally, the author has proposed legislation to support the spirit of Traffic Accident Crime damages.In this thesis, based on the Rule No.133 of the Criminal Law of the People's Republic of China and the judicial interpretation of the Supreme People's Court, the author of this thesis discussed the above issues to give the complex situations a precise legal determination in judicial practice and to punish the criminals and educate the people, therefore, the national security, the personal security and property security would be protected well.