Study On Related Issues Of Traffic Incidence Crime

Article 133 in Criminal Law has been the legal regulation dealing with traffic accident criminal cases since 1997.The People's Supreme Court put out Interpretation Concerning Several Matters on application law in Adjudicating Traffic Incident Crime Cases(The Interpretation in abbreviation hereafter) in 2000.Publication of The Interpretation plays a big role in dealing with traffic incident crime cases in line with law,punishing traffic incident crimes,securing the legal rights and interests of people.However,the writer here holds that the content of traffic incident crime in the Criminal Law is in conflict with current criminal law theory.In this paper,the writer here would analyze the conflicts and present ideas for perfection in accordance with the ongoing criminal law theory and then construe relative contents in The Interpretation in result that some regulations contradict with the jurisprudence and original intent of legislation.Part one is the issues on traffic incident run-away.This part firstly presents the gist to aggravate the punishment of traffic incident run-away in the Criminal Law and distinguish the interpretation of traffic incident run-away in six facets thereby present that the gist of punishment aggravation shall be based upon escaping from duty to help instead of escaping from legal investigation.Secondly,the analysis of traffic incident run-away behavior method regards that traffic incident crime with subjective negligence shall be the fore-behavior in criminal law under certain circumstances.Thirdly,in accordance with the reasons above,the analysis of traffic incident run-away behavior nature introduces that behavior causing death after traffic incident run-away shall be decided and punished in line with that of murder after satisfaction of certain preconditions.Part two is the issues on joint offence in traffic incidence crimes.This part points out regulation about joint offence in the judicial interpretation on traffic incidence crimes is incoherent with that in the criminal law.Part three is the basis of evaluation of crime and punishment in dangerous driving.This part discusses with the evaluation of crime and punishment in dangerous driving in two facets. The serious social danger of dangerous driving is discussed with presenting that dangerous driving cause's great threats to social order,life and property of people same as other dangerous crimes in line with the basic feature of crime which is serious social danger. Section two articles two in The Interpretation indicates the criminalization of dangerous driving in legislative intent.Legislation of criminalization of dangerous driving exists in many other countries which provide inspiration to us.Part four is the legislative suggestions on perfection of traffic incidence crimes.In this part,the author provides legislative suggestions to perfect some aspects of traffic incidence crimes.On one hand,the presentation of establishment of hit-and-run crime clears the debates on subjective faults between hit-and-run and causing death to the victim after hit-and-run and solves harassing joint offence problem once and for all;on the other hand,criterion to evaluate crime and punishment shall be the compensation ability based upon the revision of The Interpretation and this regulation is contradict with the basic principle of equality before criminal law thereby direct property losses shall be the foundation in the evaluation of crime and punishment in terms of traffic incidence crime.In addition,in terms of the subject scope issue,the author here analyzes the possibility and necessity of non-motor vehicle driver, walker,rider and unit to be the subjects who shall be regulated in the legislation as suggestions.At last,dangerous driving crime shall be added in the criminal law with reference to legislations in other countries and areas.In accordance with the judicial practice,this article analyses frequent theoretical debates in practice in terms of traffic incidence crime and puts out conclusion by adopting methods of demonstrative analysis and comparative research.