A Research On Several Suspended Problems Related To Crime Of Traffic Casualties

There exist quite a few controversies on the practices of determining the crime of traffic casualties, particularly in terms of affirming the criminal subject, affirming the subject-object relationship, telling the crime from that of endangering public security, and in terms of the special regulations of the crime's accomplices as well as its voluntary surrender, the sentencing of the drunk drive, the understanding of escape as well as death caused by escape, the judicial explanation for inability of compensating for heavy loss to public and private property, the crime's criminal punishment, and so on. Therefore, in order to have a thorough understanding of the legislation purpose and thus better carry out the judicial practices, a research needs to be carried out on the crime, by analyzing the subject, the subject-object relationship, voluntary surrender as well as drunk drive, escape as well as death caused by escape, and its criminal punishment. The thesis, which revolves its research around the above mentioned suspended problems, is composed of eight parts.Part I: As for the main body of the traffic casualty crime. This part aims to clearly define the subject of the crime, by analyzing the possibility and the current situation of such main bodies as pedestrians,drivers of non-motor vehicle, chiefs of government body violating transportation regulation and thus causing serious casualty or heavy loss to public and private property.Part II: As for the subject of the traffic casualty crime. The part aims to further clarify forms of the crime, by analyzing the several possible subject cases of the accident makers, so as to better guide the judicial practices.Part III: As for"escape"and"death caused by escape". The part aims to distinguish several different natures of the crime when sentencing based on different cases with regards the behavior of"escape"as well as"death caused by escape", by analyzing the concept as well as the law characteristics of"escape after causing traffic accident"and"death caused by escape".Part IV: As for inability of compensating for"heavy loss to public and private property". The part points out"Explanation"'s illegality as well as its historic progressiveness, by analyzing the loophole, the significance and the value of the regulation in the"Explanation" as regards the inability of compensating for heavy loss to public and private property caused by traffic accident.Part V: As for"traffic casualty crime"vs."the crime of endangering public security by dangerous means". The part points out several problems in the current transportation regulations in our country as well as their solutions, by comparing the subject and the object of traffic casualty crime and that of the crime of endangering public security by dangerous means.Part VI: As for voluntary surrender of traffic casualty crime. The part analyzes and clarifies several cases that constitute voluntary surrender for traffic casualty crime, so as to give better guide to judicial practices.Part VII: As for drunk drive. The part reveals the problems in China's current transportation regulation regarding the penalty for causing traffic accident as well as determination of crime forms, by inquiring into the corresponding practices in foreign countries and Taiwan, and thus points out the necessity of speeding up transportation legislation with regards drunk drive.Part VIII: As for the criminal punishment the traffic casualty crime. The part points out the necessity and the urgency of imposing heavier punishment for the crime, by revealing the loopholes in the regulation of the crime's punishment.