Traffic Accident Crime

With the rapid development of the economy, traffic accidents have become a growing threat to the lives and property of the people. However, many problems exist in the law concerning traffic accidents. Some conflicts exist between article 235 of Criminal Law of China and relevant interpretations of the Supreme Court of China in the conviction and sentencing. Also in the form of wrong, some conflicting ideas exist in the academic circles and in the practices.The first part of this dissertation introduces the constitution of the crimes relating traffic accidents and points out that the subject of the traffic crime is the safety of traffic and transportation; the object is that the suspects violate the laws relating to traffic and transportation; the subject intent of the crime is negligence. Second, in the differentiating whether an action constitute traffic crimes, we need to know the dividing lines, and it also depends on the damage results. Third, the suspects shall be punished under article 133 and 235 of Criminal Law of China, which stipulates that "whoever violates regulations governing traffic and transportation and thereby causes a serious accident, resulting in serious injuries or deaths or heavy losses of public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention." The starting point of the criminal punishment is the suspect has caused one serious injury due to his whole liability of has two or more persons seriously injured due to his main liability. The interpretation of the Supreme Court has included six circumstances in which suspension of criminal detention shall not be applied.The second part first introduces that running away from the spot after he has caused a traffic accident means that after has cause traffic accident he intentionally runs away and does not perform the action the laws require him to do, such as rescue the injured. Second, this dissertation points out that running away means that he has given up his obligation to rescue the injured, which will cause two serious results constituting a crime and more serious punishment. Third, the base and premise of ascertaining the running away of the suspect is that serious results have been followed and that the suspect runs away after he knows that a traffic accident has been caused and that he purpose of running away is to avoid punishment.The third part of the dissertation first analyzes the contents and forms of "causing death after running away" and holds the viewpoints that the running away is only one factor to be considered in judging the seriousness of the crime. Second, this dissertation analyzes theconviction and punishment of "causing death after running away". Third, this dissertation compares the constitution of the crimes of "causing death after running away" and the crime that causes common traffic accident, and points out that causing death after running away should be established as a new independent crime in Criminal Law of China.The fourth part of this dissertation discussed ascertaining and punishments of the transferring constitution of causing death after running away.