Reflections On Some Problems Of Traffic Accident Crime

With the continually development of economy and the rapid growth of the transportation industry, traffic accident cases developed increasingly, which caused wide attention. This essay focuses on traffic accident crime as the basic object of study. With the foundation of the basic principles of Criminal Law, as well as of the practical issues faced in traffic accident crimes, it analyzes and discusses some of the problems in judicial practice, which aims to put forward some rational legislative recommendations, to enrich the treatment system of the traffic accident crimes in our country.This essay composes of four parts.The first part deals with the conception and legislative evolution of Traffic Accident Crime, which mainly introduces the conception of Traffic Accident Crime, and the evolution in legislation and judicial interpretation since1979Criminal Code. The writer believes, according to the article133of the Criminal Code, whoever violates traffic and transportation laws and regulations thereby giving rise to major accidents involving severe injuries, deaths, or great losses of public and private properties commits the Traffic Accident Crime.Chapter II probes into the defects of the Traffic Accident Crime in criminal legislation and judicial interpretation, coming up with five aspects of deficiency, i.e., the insufficient legal sentence; escaping belongs to conviction scenario or aggravation scenario; joint crime; The difference between high and low compensation ability influences conviction; the singleness of criminal punishment and traditional criminal judicial handing.Part III dissects the legislation overview of extraterritorial traffic accident crime, and the features of it. Contrast to current situation of legislation in our country, the writer deems the legislation of extraterritorial traffic accident crime started earlier and established relatively more complete, which offers significance of reference in the criminal legislation as for traffic accident crime to us.The closing combines the legislative defects of the traffic accident crime in our country, refers to extraterritorial legislative experiences, and with the deep analysis of the former parts and the integration of China’s situation, the writer suggests to improve the sentencing range, refine the names of the crime, criminate the Traffic Accident Crime separately, abolish the provision that bases compensation ability as conviction standard, enlarge the kinds of penalty of the Traffic Accident Crime, and perfect the criminal reconciliation system.