| Now China is in course of a special period during which traffic accidents happen very frequently. A large quantity of traffic accidents have killed more than 100 thousand people and made hundreds of thousand people handicapped. The economic loss directly resulted from traffic accidents has reached tens of billion yuan RMB. This severe status will certainly cause the defensive action of the society, but now the other control measures are not so effective, it is necessary to design and perfect the network of criminal sanction.In the criminal law of China, only the actions that caused very sever accidents are regarded as crimes, the control scopes and the criminal sanctions don't match reasonably. After used the foreign legislations for reference, the author puts forward the conception of classifying the traffic crime with the intention of remedying the legislation about traffic crime in China.After introduced and evaluated the foreign legislations the author roundly analyzes and reviews the current problems of traffic crimes in China. He goes on to point out that the legislations of traffic crimes in Chinese criminal law have the following shortcomings. First the defined scope of traffic crimes is very parochial and this limited scope isquite different from the western countries. In China only the one who jeopardously driving a vehicle and the other actions which severely endangered the public traffic will be regarded as violated the criminal law. Such status makes many actions which severely endangered the public traffic safety go out of the control of the law, that is to say, the control function of current law is very weak. Secondly in traffic crimes the punishments don't match up the dangerous actions proportionately.Besides many dangerous actions don't be regarded as crimes, the punishments to the traffic crimes in Chinese law aren't scientific. The span of the punishments is too big and the standards to distinguish felony and misdemeanor is lacking. As such actions are usually regarded as administrative crimes, how to determine the criminal nature and give reasonable punishment is still a big problem in criminal judicatory.Thirdly as many traffic criminals don't get deserved criminal sanctions, the criminal sanctions lose the original function of punishing, deterring, education and discrimination, consequently reduce the executive efficiency. Fourthly, there are only freedom penalties in current effective criminal law for traffic crimes, this status makes Chinese criminal law fall behind the western countries and can't suit the complex situations of different kinds of traffic accidents.It is not easy to scientifically define the traffic crimes and corre-spondingly configure the criminal sanctions for it needs profound theoretical bases. In this article the author discusses the above issue on the base of criminal philosophy and theories. The author thinks the legislative value of traffic crimes lie in: protecting the society and safeguarding the freedom, maintaining security and realizing justice. From the viewpoints of subjectivism and objectivism, the author suggests that in order to enhance the precautionary functions of criminal sanctions, we should pay more attention to the accomplished and abortive crimes in the legislation of traffic crimes and emphasize the individual differences in criminal sanctions.For the first time the author introduces the modern traffic accident epidemic theory. From the aspect of accident proneness, the author goes on to explain the multi reasons and the complex mechanism of the traffic accidents and points out the objective vales of subjectivism in promoting the control of crimes and the science of prevention.Then the author puts forward some constructive advices. First China should expands the controlling and punishing scope of traffic crimes, classifies some sever dangerous traffic actions into crimes deserving criminal sanctions. We should also form a set of scientific and dynamic mechanism to match crimes with criminal sanctions. In des... |
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