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Study Of The Crime Of A Number Of Issues

Posted on:2007-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:H W WangFull Text:PDF
GTID:2206360185972561Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This article has systematically carried on the traffic accident crime and disputed questions combing. We try hard to use the method which unify the theory and the practice to propose the reasonable explanation about the significant dispute of this crime. We hope this article can have the certain positive role to the theory and the practice of the traffic accident crime.There are about 36,000 characters in this article. Full text is divided into four parts.The first part mainly discusses the basic constitution of the traffic accident crime. We believed that the object of this crime is the mass transportation security. The dangerous act of this crime is the behavior violates the transportation laws and regulations. Create the serious result is the harm result of this crime. Though the judicial interpretation has simplified the basic crime harm result, we must pay attention to the three questions. In addition, this article uses the dual discrimination theory to elaborate the causal relationship of this crime. The subject of this crime is the general subject and the subjective malignant belongs to the general negligent crime.The second part mainly discusses the aggravation of this crime. In this part we have mainly discussed two questions. The first question is about the dispute of escape in traffic accident crime. We have discussed the essence and the concept of escape and carried on the behavior performance of the escape. The second question is about escape after traffic accident leads to the death. We believe that this circumstance belongs to aggravated offence by circumstances and subjective malignant include the negligence and indirect intention.The third part mainly discusses the question of the judicature affirmation. In this part we have mainly carried on two questions. One is about the relation between the traffic accident crime and responsibility of this crime. The other question is about surrender in this crima We believe that the responsibility recognized is an importance thing to condemnation and the...
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