Studies On The Crime Of Causing Traffic Accident On The Background Of Harmony Society

This article intends to answer reasonable the most controversial problems of the crime of causing traffic accident through detailed and systematically research on the most important and controversial problems by the way of combining the theory and practice to make positive effect on the concerning theory and practice. To do the job, the article works on the four parts.The first part is concerned to the field and the bodies of the crime. The crime unnecessarily happens only in the public traffic administered scope, instead of it, it should be punished as the crime as wide as in the field where people and all kinds of vehicles can pass when the traffic law is infringed and grave traffic accident is caused. The bodies of the crime ought to be all the persons reaching the criminal age and being able to bear criminal responsibility who infringe the traffic law in the public and transport area, but the bodies of crime of grave aviation accident and railway transport accident ought not to be included.The second part mainly researches the escaping action to make clear the meaning of escaping and escaping causing death of the traffic victim. The nature of escaping is that he knows the accident has happened but doesn't fulfill his obligation of saving the injury or escape to evade the punishment of the law. The elements of escaping include that he knows the accident has happened but intentionally doesn't fulfill his obligation or flees from the scene of the accident to evade the investigation of the law on the subjective side; the person has constituted the crime of causing accident on the objective side. The nature of escaping causing the victim dead is the aggravating crime of circumstances rather than the aggravating crime of result. The subjective aspect of escaping causing death is negligence, where direct or indirect intent ought not to be included. The victims of escaping are not only the ones in the first traffic accident but also the second traffic accident as well.The third part chiefly studies the joint negligent crimes and the joint crimes in the"explanation". The theory and legislation of joint negligent crime have been reviewed, as well as the judicial explanation of join crime. On the first issue, the article confirms the joint crime of action. On the second issue, the article analyses the reasonability of the"explanation"and its contradiction to the criminal theory according to the joint negligent crime theory.The fourth part is mainly about the bettering of the legislation of crime causing accident, as well as what an enlightenment does the foreign legislation mode of crime causing traffic accident offer to our legislation. The three modes of legislation as crime of desert of the protector, crime of not salvation and crime of simple escaping after traffic accidents are compared and the conclusion is made that adding the crime of not salvation fits the real condition of our country because it solves the problem of criminal appreciation, supply the warranty of punishment of the person who incites to escape, as well as evades the conflict of the practice and theory. It advises to add fine punishment and stipulate the joint negligent crime to achieve punishing and preventing crimes and building harmony society.