A Study On Traffic Accident Crime

In recent years in China, the casualties and property losses caused by traffic accidents has had an upward trend, and thus has shown a negative social impact, which has been a major incentive against "building a harmonious society". We have to give the re-consideration on conviction and sentence of traffic accident crime in existing criminal law as well as relevant judicial interpretations. On the basis of many scholars' theoretical studies on traffic accident crimes, by integrating elements of a traffic accident crime in theory, this paper expounds the position on basic traffic criminal offence . Through analysis on acts of traffic accident escape to cause death , this paper expounds the connotation ,the structure of it in theory in order to provide a helpful proper disposal to the judicial practice of it. At the same time , through the demonstration on the file time, the reasons and the conditions of traffic accident , the author explores the file time of the objective traffic accident crime and maintenance for traffic accidents in the application for guilty or not and makes some superficial proposals on improvement of the traffic accident crime. The whole is divided into five parts:Part I is on the theory to define traffic accident crime as well as the basic constitution characteristics of it. Based on the analysis of many criminal law scholars' theoretical research results, the author displays the basic position of the basic criminal offence constitutions on traffic accident crime.Part II is on traffic accident status and causes of crime. The author sets forth the characteristics of China's traffic accident crime, and its legislation issues as well.Part III is on the maintenance, the conviction model and causes of judicial practice in traffic accident crime.Part IV is on analysis for a few difficult issues in the maintenance for traffic accidents. In this part, the author displays the basic position and views on application issues on the file time of traffic accident escape to cause death and traffic accident crime, maintenance for traffic accidents in the application for guilty or not and meanwhile, makes some related proposals. Part V is on the concrete concept for traffic accident crime legislation. In this part, the author makes a tentative study on the defect of China's traffic accident crime and its amendment, and on amending the judicial relief, putting forword concepts of maintenance "Chief Litigation" and establishing "police testified systems ".