Study Of The Crime Of A Number Of Issues

Traffic accident crime means that the person who violates the law and cause a grave accident.Nowadays,coming with the development of the traffic,such crime is becoming seriously.Although the highest court has made many explanations to solve problems in this filed,there are still many disputes.So,it is necessary to study such problems.Based on those above,in this article,the author is going to study the difficult problems which have relationships with the traffic accident crime,by explanting the abuses such as the relative theories, traffic accident crime of escaping from the site,common criminals of traffic accident crime and the reparation of traffic accident crime,the author gives some reasonable suggestions.This passage altogether divides into such parts:Chapter 1:It is about traffic accident crime and relative theories.There are some theories has the relationships with Traffic accident crime:reliance theory,Theory about dangerous which being allowed,Theory of danger assigned.These theories is developing with the development of some work witch may be dangerous.Their purpose is to make sure the traffic can develop stably.These theories' main use is to balance the danger and use.But the three theories are easy to be abused,so,it's necessary to restrict their use.The author analysis on these theories emphasizes on their important role in determining negligence duty and its degree in traffic accidents.Depending on the traffic reality and composing the economic and society development,the author suggests we should study these theories in legality and judicial practice,and use it in determining the crime of causing a traffic accident.Chapter 2:It studies traffic accident crime of escaping from the site.In this part,the writer will study three questions:First,from the angle of the nature of crime,whether or not one action should be adjusted by Criminal law is decided by if it has social harmfulness.Second,considering from the angle that the affection of Criminal law.The affection of Criminal law means the affection when Criminal law is put into effect.If The Criminal law makes the action that escape from site to be an independent crime,the criminal will probably not escape.Third,study form the angle of the mission of Criminal law that one mission of it is to protect the private property,protect citizen personal rights, democratic rights and so on.Traffic accident crime of escaping from the site make loss for the government,person.So,it is necessary to set up a new accusation that is the charge of escape after traffic accident.The writer thinks that,the concept of this new crime is:the person who obviously knows his action has caused the accident but still escaped from site.Chapter 3:It studies the problem about the commit crime of traffic accident.This chapter is divided to 2 parts:First,if the commit but involuntary crime is existent? According to the writer's opinion,commit crime should content the faithful commit crime and the law commit crime.The former contents voluntary commit crime and involuntary commit crime the latter should decided by a country's Criminal law.Looking from the 25^th of Chinese Criminal law,commit crime neither contents voluntary criminal nor contents compound criminal.So,in practice,negligence criminal and negligence commit crime should be used at different level.Second,the appraisal to 5^th article 2^nd section of "The Supreme People' Court Explanations".The author thinks that,such abuse is inevitable because the law has not divided the basic composition of traffic accident crime from the follow-up action of traffic accident.Besides this,the law has not divided escape action after traffic accident from death caused by forsaking.Such abuses maybe lead to confusion of action which with different criminal intention.It is impossible to include these action with a typical negligent crime.Chapter 4:Study the payment of traffic accident crime.This part mainly discuss 2 problems:First,the compensation liability.The author analyzes it in 2 angles:looking from the purpose of legislation,traffic accident crime is to take precautions against traffic accidence,crack down on traffic crime,and protect the legal rights of people.But the restriction of "don't have compensation liability" is not beneficial to the sufferer.Although the civil consequence——compensation really has punishment function,it still need to differentiate the civil responsibility and the criminal responsibility.Second,looking from the principles of Criminal law,it has many principles such as all people are equal before the law,conviction and penalty according to law and so on.If make "don't have compensation liability" to be a standard,these principles will be violated.So,the author consider that it is right to cancel the restriction "don't have compensation liability" and still use the before regulation.Second,this question is about to moral damage compensation of traffic accident crime.To explain the question that if the victim has right to request moral damage compensation in traffic accident,the author analyses it from two angles which contains legal principle and the limitation of Criminal law.Finally,the author conclude that the victim has right to request moral damage compensation.Chapter 5:It studies the voluntary surrender of traffic accident crime. In this part,there are two questions:one of them is whether traffic accident crime can use voluntary surrender and the other one is in which situation it can be used. The author analyses the two questions and considers that it is reasonable to use voluntary surrender in traffic accident but we should divide two situations.