A Study On The Legislation Perfection Of Traffic Accident Crime

After the reform and opening up, China has become the world’s second largest economy, the rapid development of economy makes people’s living standards improve, the number of reaction on one side of the vehicle isimproved significantly, rapid growth of the number of motor vehicles indeed, and is convenient for people to travel, but undeniable is, the class number of cases and dangerous driving in traffic cases also increased significantly.With the "clothing, food, housing, travel", "line" status is constantly improving, improve people’s travel safety is imperative. In this context, the traffic accident crime in the criminal law’s status also will continue to improve. We should re-examine the importance of traffic accident crime, we have not only the crime of causing traffic casualties as a simple ordinary negligence crime, and it should be the crime of causing traffic casualties as a closely related to our daily life of crime.Statutory penalty allocation accomplice in this paper will be through the in-depth study of the traffic accident crime legislation is too thin, the crime of traffic accident escaping behaviordoes not have a separate crime, the crime of traffic accident, the lack of regulation ofthe crime of causing traffic casualties with lack of auxiliary charges and traffic accident crime defects such as the five major legislative problem. Then further explore thecauses of the crime of causing traffic casualties five legislative defects. At the same time, this paper combined with practical case, and through the relevant provisions of the content part of the traffic accident crime in China’s Hong Kong and Macao regions and countries in the world in the criminal law of the introduction, put forward the legislative suggestion on China’s traffic accident crime.This paper from the four aspects of legislative defect of crime of causing traffic casualties of inquiry, and puts forward some problems to perfect our country traffic accident crime legislation. The details are as follows:The first part: the legislative defects in our country’s traffic accident crimeThe first limitation: traffic accident crime legislation is too thin.The second limitation: the traffic offences escape behavior does not have a separate crime. Escape after the incident as an afterthought behavior, behavior afterward actually should as sentencing or conviction plots, this paper makes a thorough discussion will.The third limitation: the accomplice of traffic accident crime the lack of regulation. As a typical negligent crime, the crime of causing traffic casualties whether constitute accomplice. Traffic accident crime accomplice in the end there is no rationality.The fourth limitation: with the defect of crime of causing traffic casualties lack of auxiliary charges.The fifth limitation: the arrangement of the statutory punishment of crime of causing traffic casualties defects, also will be the focus of the discussion.The second part: analysis of the causes of the defects of China’s legislation of crime of causing traffic casualties.The first cause: the legislation idea of thick lines of the traffic accident crime exist in legislation "Vacuum zone"The second cause: the causes of sentencing and conviction plots of confusionThe third cause: the provisions of China’s traffic accident crime subjective aspect of crime cannot be completely covered the real caseThe fourth cause: lack of professional negligence and so on the basis of theoretical guidanceThe fifth cause: sort of judicial interpretation to a certain extent in the crime of causing traffic casualties The development of legislationThe third part: to perfect our legislation of crime of causing traffic casualties.The first suggest: to perfect the relevant provisions of the criminal law should be detailed in the crime of traffic accidentThe second suggest: to improve China’s criminal law should make a clear distinction between conviction and sentencing circumstances, shall be separately convicted after behaviorThe third suggest: the perfection of criminal law of our country should consider the introduction of intentional form part of traffic accident crimeThe fourth suggest: the perfection of criminal law of our country should be as soon as possible the provisions not to bail out the crime and not timely rescue the crimeThe fifth suggest: the perfection of criminal law of our country should be independent set business negligence...