The Research On Some Law Problems Of Traffic Accident Crime

According to the accuracy of the legal provision, the traffic accident crime is the behavior that the personnel, who are engaging in transport and non-transport, violate the traffic laws and regulations in the scope of traffic management, thus occurring accident, causing serious injury and death or losing public and private property. There are two principles of escaping that are apprehended differently in practical and theoretical fields specified in traffic crime. Thus, to define the concept of escaping precisely is a critical issue for solving many problems in traffic crime."Explanations for issues on how to judge the traffic accident crime cases"published by Supreme Court regard criminal escaping just as an action to evade legal responsibility which is imprecise jugged by current legislation and judiciary. In subjective aspect, escaping is composed by willful actions rather than negligence, while objectively, escaping could be divided into several types based on different criterions. The death coursed by escaping after traffic accident should be apprehended as that the feason's escaping of his criminal responsibilities brings injuries to death for no rescuer. By those analyses above, death coursing escaping is aggravation, subjectively, it is feason's offence that coursed the death result. There are some similarities between death coursing escaping and calculated crime by negative act, so they are easy to be confused. However, by analysis on the psychology and the subjective action of the escapee, it cleared the margin between them. When it comes to the question of whether it contains the situation of joint offence in mentioned crime, according to the criminal principle of law setting punishments and crimes ,and the theory of joint offence, traffic crime is a typical negligent crime that would not be possible to form any joint offence.