The Defect And Improvement Of Legislation Against Traffic Accident Crime

With social and economic development, road facilities being improved, more and more advanced means of transport, to improve the efficiency of people's lives but also led to a large number of malignant traffic accidents, it's a serious threat to people's health and property. As a common multiple and difficult to control crime, traffic accident crime has aroused extensive attention. Traffic accident crime in Criminal Law 33 of 1997 is violation of transportation regulations, and therefore a major accident, causing serious injury, death or heavy losses to public and private property, and three years imprisonment or criminal detention; traffic accident escape or other especially severe circumstances, three years more than seven years; causing death, term imprisonment."After 13 years, China does not have any changes in criminal law on the crime of traffic accident. Therefore, in the face of the developing transportation, China can not suppress the traffic section of the act. Although Traffic Accident in legislation on crime problems are also becoming increasingly clear, such as subject issue, running away issue and loss of standards etc. at the sound of traffic accident in Chinese criminal legislation has been pressing. The author of legislation from the Crime of the starting defect, using theoretical analysis and case study method of combining the Crime of Traffic Accident-depth analysis and argument, put forward a sound crime of traffic accident in Chinese legislative proposals.This article is divided into three parts, to elaborate on Crime of the concepts and legislative situation, the problems in legislation and legislative proposals.Part one, the concept of the Traffic Accident Crime is expounded in detail. After the enactment of the new Penal Code, many experts and scholars of the Criminal Law have disagreed on how to define the Traffic Accident Crime. There are four kinds of popular opinion. I believe that the crime should be classified as Traffic Accident Crime is a behavior which the perpetrator does not comply with traffic regulations in the context of public transport management, so traffic accidents causing death, serious injury or major economic loss behavior. The existing criminal law provisions for criminal of traffic accident in 1997, according to it, traffic crime must conform to the following four elements. The subject of traffic accident crime is general subject; the object is transportation safety; the mental state is negligence, including negligence and over-confidence; the objective aspects is the perpetrator not obey the traffic rule causing traffic accidents of death or property damage.Part two, from three aspects of defects, the author details the Crime of legislation in China. Since 1997 China has not been amended the Crime of traffic accident. Analysis elements from the Crime of the angle, there are several deficiencies in the Crime: first, the scope of subject is not clear. Although the legislation provides for the Crime of the main subject is general, but the scope of it which is included in the end, now there are many different view criminal theories. With the development of society, the reasons for traffic accident caused more and more, such as passengers, the vehicle owner or contractor, and instruct or compel the behavior of the drivers who escape and so can lead to accidents, but in the present criminal law but it failed to bring confusion in judicial practice. Second, the objective aspect of the Crime of some provisions are missing, such as not pointing the specific content"traffic management regulations", not defining the standard of the loss, no legal penalties for dangerous driving behavior etc. Finally, the"Escape"met the conditions of a separate crime, but the criminal law has not included it which is a mistake in the criminal law.Part three, for the crime of the problems in legislation, studies on the frequent cases of major accidents, and learn the advanced experience of foreign countries, to make a few complete the Crime of the legislative proposals: First, clear the scope of traffic accident crime. For passengers, the unit supervisor, motor vehicle owner or contractor these types of special subject, can be summarized to the ability to influence their transport activities among normal people; for the instigation of acts of the drivers can escape through the addition of traffic accident crime, convicted and punished for this act. Second, make up the objective aspects of the Crime of the loopholes. Clear the contents of Transportation regulations; improve the standards of the Crime of conviction, including a clear"major incident"basic standards, not simply the property to the amount of compensation can not be convicted as a standard. Third, the proposed addition of"crime of hit and run", use it to solve the"escape behavior"problem.I chose this topic as the title of master's thesis, is to make their point by studying the opinion, in order to get feedback from the end, so that more attention to the problem of legal workers, tireless in our common efforts, improve our country on the traffic crime of legislation to curb traffic accident, to maintain normal traffic order and protect people lives and property.