Research On Accomplice Of Traffic Accident Crime

The accomplice of traffic accident crime is the inevitable consequence of logical deduction and the realistic requirement of objective practice.The joint negligence crime is an objective reality with great harm to society, which possesses the criminal intent in the joint criminal theory. To admit the fact that the joint negligence crime is a part of joint crime is the need of the judicial practice, as well as the need of connection with civil law. So the fact that the joint negligence crime is a part of joint crime provides the theoretic foundation for the establishment of the accomplice of traffic accident crime.In the joint negligence crime of traffic accident if every negligence criminal is responsible for himself based on the independent theory and the distinctive responsibility, which would bring a lot of problems when we decide the cases.That is why to admit the fact that joint crime exists in traffic accident crime is the urgent need of the judicial practice.As a result of the ubiquity of the accomplice of traffic accident crime in reality, Supreme People's Court unveiled the judicial explanation of the accomplice of traffic accident crime.The blank of the legislation is conflictive with the need judicial practice.The way to solve this problem is to admit the joint negligence crime and accomplice of traffic accident crime.In this way there will be laws to abide by when the accomplice of traffic accident crime happens in the judicial practice.The accomplice of traffic accident crime will be identified from two aspects both the precondition and subject scope.The precondition includes:Firstly, the behavior of the performer constituted a crime;Secondly, the person who instigate has pressed the pressure on the person who cause troubles.Thirdly, the person who instigate and the person who cause troubles are both subjectively negligent.Two kinds of person can be the subject of the accomplice of traffic accident crime.One is the person who causes troubles and the other is the supervisors of a unit, the owners of motor vehicles,the contractors or passengers.The legislative idea about the accomplice of traffic accident crime is as follows:First to bring the joint negligence crime into the category of joint crime in the General Principles of Criminal Law. At the same time to specify the criminal responsibility in the joint negligence crime and second to provide the special legislative rules for the accomplice of traffic accident crime in the Criminal Law.