On Legal Issues About Traffic Accident Crime

Traffic accident crime is a kind of common crime, this draft of criminal law after liberation contained the crime and the legal system of traffic accident crime was established in 1979 Criminal Law finally. But because of the complexity of the traffic accident crime, many difficult issues should be solved. In legal practice, some new situations emerges such as drunk driving and over-speed driving in city. Traffic accident crime is worthy to be researched, because this crime is complex in theory and it's easy to be mixed with other crimes in legal practice. In order to improve the legislation and judicial application, this dissertation researches traffic accident crime on basis of the theory of criminal law, and analyses some difficult problems.On basis of normative research, case research and comparative research, this dissertation researches crime of traffic accident systematically. This dissertation contains six parts as below:the first part is brief introduction. This part introduces the current situation of traffic accident in China and draws the topic. This part maintains that many traffic accident involves traffic accident crime. The second part is general research on traffic accident crime. This part researches the history and the definition of traffic accident crime. The third part is the constitutive elements of traffic accident. This part researches the object, the objective aspect, the subjective and the subjective aspect systematically. The fourth part is the legal issues of the escaping after traffic accident. This part researches the escaping after traffic accident especially that leading to others'death by escaping. The fifth part is the difference between.traffic accident crime and other crimes. The traffic accident crime is similar with other crime, distinguishing the crimes is very important in judicial process, so it is important to classify the crime of traffic accident and other crimes. This part researches the Sun Weiming Case and analyzes the verdict of the court. This part maintains that there are many different point between the traffic accident crime and crime of endangering public security by using dangerous means. The six part is the legislative improvement of traffic accident crime. This part researches the deficiency of the legislation of the traffic accident crime and put forward some view on how to improve the legislation, fine penalty, crime of escape after traffic accident and crime of dangerous driving can be taken into consideration.In summary, this dissertation researches crime of traffic accident with different legal research methods. On the one hand, this dissertation researches the controversial points in theory of crime of traffic accident, on another, this dissertation researches the judicial issues with some cases such as some famous criminal case. In addition, this dissertation researches the laws in different countries and put forward the points that how to revise the law articles of crime of traffic accident.