On The Crime

With the rapid development of Chinese market economy and the advancement of living standard of Chinese people, the number of the possession of motor vehicles has been explosively increasing, which causes a rising percentage of traffic accidents and a serious threat to the lives and property of people. This has become a severe social problem and the newspaper reports of those traffic accidents resulting in shocking consequences or group death and injury endanger the people's sense of safety and social stability to some extentThis thesis illustrates thoroughly the traffic accident crime in five parts to expose the differences and shortcomings and put forward suggestions which may enable traffic accident crime to adapt to the development of the time and improve gradually.The first part in this thesis focuses mainly on the theoretical basis of guilt of negligence with a simple review of the history covering its original theory of Feuerbach, the new theory put forward by the legists of Japan and Germany and the present modern theory of guilt of negligence. This theory has been growing consummate and especially with the implication and development of the theory of distribution of danger and trust, which meets the demand of the rapid development of society towards transportation and resolve the contradiction between the safety of people and the efficiency of vehicles.The second part introduces the legislative general situation of and attitude towards traffic accident crime, analyzes emphatically the legislative disadvantages of it form a perspective of judicatory explanation and the author of this thesis also pictures the perfection of this crime and offers his proposals to solve this problem.On the basis of the various disputes in the field of criminal law, the third part makes an introduction of the formation of traffic accident crime from the angles of the subjects of crime, the objects of crimes, the objective and the subjective elements of crime. By the resolution of the different opinions, the author brings forward his.The fourth part is mainly concerned about the judicatory cognizance of traffic accident crime. In the beginning, it introduces the limit between this crime and relatively similar crimes by comparing and defining some crimes that can be easily mixed up with traffic...