Judicial Determination Of Crime Of Causing Traffic Casualties

With the development of economy and the transportation, the vehicles because of its convenient, efficient features enter into the household, they not only bring convenience to people’s travel but also relieve the pressure on public transport to some extent. However, the development of anything is a double edged sword, without exception. Traffic accidents are increasing, this not only disturb the traffic order but also violate the people’s life and health. So, many laws and regulations of China to regulate the traffic behavior, for example Criminal Law, People’s Republic of China on Road Traffic Safety Law (called Road Safety Law) and so on. But in practice there are a lot of contradiction. Therefore, for traffic criminal issues for further clarify, is not only beneficial to the judicial practice operation, can restore the legislation intention.The author divides paper into three chapters. Chapter One of the cognizance of traffic accident. At first, the section clarifies the boundaries of crime or traffic accident, then make a comparison to traffic crime and the crime of endangering public safety, to clarify the distinction between the two crimes, hoping to provide enlightenment for the judicial practice. Chapter two is identify of surrender in the traffic accident, the author analyzes the plots of surrender, and cites some constitutes. Chapter three is identify of escape behavior in the traffic accident, in this section the author illustrates the differences between plots of conviction and plots of sentencing.