Research On The Scope Of Subject Of Traffic Accdient Crime

Subject scoping of traffic accident crime , is the principle problem that have to solve in the maintence for traffic accident crime . Because of the rich implications and dubious ciminal articles , the scope of subject of traffic accident crime causes the very great dispute in the theory and judicial practice level .Comparing with other essential factors , the subject of crime is directly concerned with human beings , and its scope shows the kinds that shoud be punished by criminal law for the guilt causing traffic accident , so the author put empahsis on the research of its scope of subject . Meanwhile , the judicial interpretations of traffic accident crime by Supreme People's Court in 2000 impels the author to do more research on different quarters of the subject of traffic accident crime,such as the scope of its subject , the final decisive factor , and so on . With the help of two cases,the paper analyzes the problem of the scope of subject of traffic accident crime by case study method .The full text is divided into six parts,nearly 1,7000 words .Partâ… : The cases . KanLiGang , Qing commit traffic accident crime .Partâ…¡: The cases brief . This part describes the cases briefly .Partâ…¢: Focus of the two cases . The focus of the two cases both points to the scope of subject of traffic accident crime , including the following two aspects : 1. Can passengers be the subject of traffic accident crime ? 2 . Are non-power-driven vehicle drivers in the scope of subject of traffic accident crime ?Partâ…£: Controversy and divergent . This part introduces the opinions of prosecutor and defense counsel .Partâ…¤: Jurisprudence analysis . This part is the main content of the paper . First , by introducing legislation history in China and analyzing differrent opinions on the scope of subject of traffic accident crime , the article shows a expansionary tendency of its subject . Then by studying Criminal Law articles and judicial interpretations on traffic accident crime , the article confirms the opinion that the subject of traffic accident crime is general . Finally , the article analyzes and discusses several special kinds of its subject , then piont out that unit is not inside the scope according to the theory and practice of legislation in our country .Partâ…¥: Conclusion . In the two cases , both KanZhiGang and Qing break Ciminal Law , constitue traffic accident crime , becease their behaviour of breaking traffic rules causes serious traffic accident .