Study Of The Crime Of A Number Of Issues

Traffic accident crime means that the person who violates the law and cause a great compact. Nowadays, coming with the development of the traffic, such crime is becoming seriously. Although the highest court has made many explanations to solve problems in these fields, there are still many disputes, so it is necessary to study such Problems. Based on those above, in this article, the author is going to study different problems about the traffic accident crime by some aspect such as the content of traffic accident crime, traffic accident crime of escaping from site, common criminals of traffic accident crime, the preparation of traffic accident crime and the compensation of the traffic accident crime. By doing this, it is hopeful that these can have good effect on the theory and the practice of the traffic accident crime. This passage altogether divides into such parts:Chapter one mainly discusses the overview of the traffic. It discusses the concept of the traffic accident crime the relevance theory of constitutive elements of a crime, the concept of the traffic accident crime, the ideas of the main body of a book, the behavior violating traffic control law and regulation, significant road accident happened as a result, causing person serious injury, death or making property Public and personal suffer heavy losses, this crime is the general main body, make an explanation according to law and the judiciary, the crime main body is not confined to the traffic personnel and the means of transportation travels by a personnel and instigated by, the unit making others drive against rules by force is in charge of a personnel. The mechanically-propelled vehicle proprietor or the mechanically-propelled vehicles contracts pepsins, the main body also may compose this Crime a subjectivity, this crime belongs to general involuntary crime. The traffic accident crime object is that mass transit transports safety, violating traffic law and regulation on the objective is this crime damage behavior, bringing about grave legal rules result is this crime damage result, The judiciary makes an explanation though thin having spent fundamental damage result in committing a crime of crime, have very big flexibility on practice operation, the main body of a book is inspected when discussing behavior and endangering the cause 1 relationship Between result, trying to use binary differentiation viewpoint to be in Progress to the Causal relationship.Chapter two is the investigation of some problems about the "escaping" after a traffic accident. It covers the definition of the "escaping" after a traffic accident, the definition of the "death caused by escaping", the legal nature of the "death caused by escaping" and the determining of the nature of the criminal and the content of discretionary penalty. Mainly, the legal nature of the "death caused by escaping" and the determining of the nature and the disposal of the complex situations in the case of "death caused by escaping" have been discussed. And the problems of Subjective aspects on the "death caused by escaping" after a traffic accident has been exposited in detail, by two aspects of the dispute and the negligence of the subjective aspects.Chapter three studies the voluntary surrender of traffic accident crime and the problem about the commit crime of traffic accident. In this part, firstly, It discuss the problem of the voluntary surrender of traffic accident crime in the view of theory and practice judgments; secondly, It discusses the problem about the commit crime of traffic accident from four different aspects. Firstly, the raising of the question; secondly the theory about the On a common criminal negligence theory; thirdly, the existence of the traffic accident of common crime, the crime problems are discussed, finally, the unit executive officer directs others to commit illegal to drive a major traffic accident caused by traffic accident constitutes the crime of complicity in the problem.Chapter four Studies the payment of traffic accident crime. This part mainly discusses two problems:firstly, the compensation liability. The author analyzes it in two angles:looking from the purpose of legislation, traffic accident and looking from the principles of criminal law. Secondly, this question is about to moral damage compensation of traffic accident crime. To explain the question that the victim has right to request moral damage compensation in traffic accident, the author analyses it from two angels. This contains legal principle and the limitation of criminal law. Finally the author concludes that the victim has right to request moral damage compensation.