An Exploration Of Traffic Accident Crimes

With the fast development of market economy and the improvement of people's lives, the number of household cars is drastically increasing. Meanwhile, traffic accidents are increasing as well, which has become a severe social problem. Therefore, it is of realistic importance and theoretical value to have a thorough study on traffic accident crimes in order to control and prevent traffic accidents. This thesis, in accordance with the theories of criminal laws together with judicial practices, mainly explores some controversial issues such as the crimes constitution, escape behavior, escape behavior causing death, accomplice and so on. The thesis also offers some advice to improve the law on traffic accident crimes, which is expected to be helpful for the proper determination of the crime in judicial practices.This thesis includes five parts,over 30,000 charts.Chapter One gives an overview of the legislation of traffic accident crimes, including the development and evolution of the legislation of traffic accident crimes in China, and a comparison between Chinese and foreign legislation on this respect.Chapter Two explores traffic accident crimes from four aspects: criminal objects, objective elements of crime, criminal subjects and subjective elements of crime. (1) The criminal object of traffic accident crimes is transportation safety; (2) objective elements of the crime refers to serious injury, death and severe damage of public and private properties made by serious traffic accidents because of the violation of traffic regulations; (3) criminal subject is general, person engaged in transport or not; (4) subjective elements of the crime is negligence and not intention.Chapter Three analyses the escape behavior, which is a critical issue in traffic accident crimes and also the key point of this thesis. This part includes the following contents: the determination of escape behavior and escape causing death, and the accomplice of the escape causing death.Chapter Four focuses on the judicial determination of traffic accident crimes. It mainly differentiates traffic accident crimes with other crimes against public security, and intentional murder and injury.Chapter Five offers some advice on legislation of traffic accident crimes. Based on the above discussion, the author suggests adding charges and kinds of punishment to improve the law on traffic accident crimes.