| Traffic accident behavior in modern society, is a frequent phenomenon, it is notonly to bring a physical injury, but also brought untold mental injury and propertydamage. However, since determining whether an act constitutes a traffic crime, whenconverted into Omission, evidentiary issues, Accomplice and when the issue ofcompensation, there is a lot of controversy, resulting in judicial practice appears not blacknot white "gray zone "so that the legal and social effects are greatly reduced. The authorbelieves that the main traffic crime includes not only the driver of the vehicle in thetraditional sense, but also, under certain conditions, including pedestrians andpassengers, but also where the driver unit personnel, etc., mainly through the object forsimilar offensescontrast, the object of the Crime makes clearer its object is the trafficsafety. Subjective aspect is emphasized is a traffic crime negligence, and for " DeathCaused by Escape " finds this crime," escape " Although it is a deliberate act itself, butfrom the viewpoint of the principles of criminal culpability to adapt, or identified asnegligence; while mens rea transformed after the accident also constitute other offenses,traffic crime and graft before. In objective terms, in violation of the traffic regulations thatstandard should be the behavior of the traffic accident must be serious consequences, andthere is a causal relationship between the accident and the accident behavior results; in thedefinition of a major accident should be a cause of serious injuries or propertysuffered serious damage accident. In the penalties, after the alarm behavior shouldconstitute a surrender, in sentencing can be appropriately commutation or reprieve;escape causing death is a statutory condition upgraded. Under the premise of conductingin-depth research and analysis, this paper attempts to make constructive comments orsuggestions on the establishment of the Traffic Accident defining the crime and relatedcompensation standards. |
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