A Number Of Problems Of The Crime Of Research

In view of more and more serious traffic accidents at present and many escaping crimes of traffic accident ,the problem about how to prevent them from happening has become urgent .judicial interpretation has regulated the application of new criminal law in judicial practice but there are various different points of view as far as theories and judicial practice are concerned .this study was taken to discuss about the controversial issues of various theories in order to offer some implications on both the development of the lawmaking for crimes of traffic accident and its judicial practice. This thesis consisted of five parts .including introduction and four chapters.Chapter one .including two sections mainly dealt with the general introduction to crimes of traffic accident .In section one ,the author introduced the confirming criterion for crimes of traffic accident ,that is the objective factors in these crimes. In the interpretation, article 133 in the criminal law is revised to involve the confirmation of responsibilities in the necessary factors of crimes of traffic accident, Which the author thought was greatly significant both in theory and in practice ,and whose theoretical basis she thought was the application of trusting principle. And she put forward some suggestion for the procedural flaws in the confirmation of responsibilities ,and meanwhile she pointed out that it was not reasonable to be charged with guilt due to being unable to compensate and not to be charged due to being able to compensate .In section two ,the author introduced the subject of crimes of traffic accident and thought that non-drivers including pedestrians and drivers of non-motor vehicles ,were likely to become subjects of crimes of traffic accident .While the unit shouldn't be the subjects. If the unit was considered as subjects of crimes of traffic accident, it was not consistent with the principle of restraint and would bring a chaos into the punishment of the criminal crime .Chapter two was the important part of all chapters and was divided into two sections . In section one, the author mainly introduced the definition of escaping in traffic accident its subjective factors and objective acts considering the controversial definition of escaping and Explanations, the author believed that the definition of escaping should focus on these twobasic purposes (l)to investigate the escaping responsibility ,(2)to investigate the escaping for rescuing victims. In section two , it was introduced the definition of victims death caused by escaping ,its subjective factors, the distinction of intentional homicide owing to nonfeasance and its punishment .As far as escaper's psychology about the victim's death was concerned ,the psychology of intention was mixed with that of blaming .However, article 133 in criminal law only defines the subjective part of causing victim's death due to escaping as the misfeasance ,if one intends to cause the victim's death ,he can be accused of the crime of intentional homicide .While the precondition of intentional homicide is whether the before act can result in the corresponding responsibility .As a result ,the beforehand act has become the key to how to confirm crimes of traffic accident and the intentional homicide due to nonfeasance And at the same time ,the author put forward some suggestions on the punishment for the intentional homicide due to nonfeasance.Chapter three was introduced the joint crime in crimes of traffic accident .In section one ,the author gave the general description of the unpremeditated joint crime, believing that it could be possible in theory and that although explanations admits it indirectly, it was not proper to punish the instigating-escape actor as the joint criminal only because the instigation has no features of the unpremeditated joint crime .In section two ,the author introduced the punishment for instigating somebody to escape ,and it was believed that the punishment for instigating somebody to escape, should involve the punishment for nonfeasance and that for intentional homicide.In Chapter four the author compared the lawmaking of crimes of traffic accident in china with that in foreign countries , and thought that the escaping should be separated from common crimes and be regulated as non-rescuing crime referring to Swiss criminal law ,Which would contribute to correct understanding of crimes of traffic accident ,avoid repeated assessment and help us to deal with instigating somebody to escape .And meanwhile ,a series of controversial problems in theory from explanations could be solved .