Research On Problems Of The Crime Of Traffic Accident

As China's socialist market economy, the rapid development of increasing people's living standard, our country's vehicle fleet was the explosive growth trend of accidents triggered endless vicious accidents on the health and safety of people's lives and the property constitutes a significant threat, has become a serious social problem, therefore, causing a major traffic accident traffic accident crime and related issues. It is necessary to conduct in-depth and meticulous research.Addition to the introduction and conclusion, the piece is divided into six parts:The first part: The crime of general. This section introduces the concept of Traffic Offense,systematically discusses the traffic accident in China History of crime, legislative status and background analysis.The second part: The Chinese constitute of the traffic accident crime. The part of the object from the crime, criminal objective, the subject of crime, crime, introduced four subjective aspects of the Crime of Crime. The author believes that the traffic accident is the object of the crime of roads, water and urban transport security, not including air and rail transport safety; traffic accident elements of the objective aspect of crime is a violation of transportation regulations, and therefore a major accident, cause serious injury, death or to the property suffered heavy losses to public and private behavior; traffic accident the main body of the crime of the general subject, as long as the perpetrator of the act in accordance with "Criminal Law" 133 of the constituent elements, I was the age of criminal responsibility, with criminal responsibility of persons, it should be in order to penalize the traffic accident; traffic accident can only be subjective performance of the offense as a misdemeanor.The third part: The related issues of fleeing after traffic Accident. This section according to "explain" defines the traffic following the accident on the meaning of escape behavior, focuses on the escape and the death of people due to the meaning and the constituent elements, due to the death of people escaping the target range, due to escape and the death of people's subjective guilt, finally introduced the Traffic accident fled after disposition of cases.The fourth part: The traffic accident in a dangerous method of crime and the crime of endangering public safety limits. This section introduce"Sun Wei ming case"in detail the whole story, the determination of charges, as well as the reality of criminal significance of the case to"Sun Wei ming case"for the perspective of the object from the crime element of crime in the objective element of the main elements of crime, criminal elements of subjective point of view of four the difference between the two crimes.Part V: The traffic accident in the crime of common crimes. First, the existence of the traffic accident of common crime, the crime problems are discussed, followed by discussion of the unit executive officer directs others to commit illegal to drive a major traffic accident caused by traffic accident constitutes the crime of complicity in the problem.Part VI: Foreign and Chinese Hong Kong, Macao and Taiwan Traffic Accident Legislation on China. This section briefly introduces the area of foreign and Chinese Hong Kong, Macao and Taiwan Legislative Profiles Crime Traffic Accident ,and clears that the traffic accident in China is not the crime of the main body and the general of the main operational distinction between "interpretation" will be translated into criminal and civil liability for the unreasonable, as well as the crime of our on traffic accident defects such light penalties; proposed traffic accident the crime of criminal and civil non-transferable, should adhere to assume equality of criminal responsibility; Finally, according to China's actual situation, it is recommended additional treatment did not rescue the crime of escape behavior, I believe that in order to be convicted and sentence did not aid, helps to understand the crime of traffic accident , but also to deal with acts of instigation to escape under the criminal law has become more reasonable. I tend to change our country's transport accident crimes, will be separate escape behavior in order to rescue the crime is not punished.