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Analysis Of The Crime Of Problems

Posted on:2011-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2206360305979925Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Article 133 of Crime Law and Judicial interpretation of SPC (Supreme People's Court) can properly indicate the application of cases. However, with the economy rapid development, auto industry is coming to its top point. Everything has two sides, auto can make our life more convenient and it also increases the traffic accident criminals. Traffic accident crime is becoming more and more serious. Especially, several cases in last year made it more concerned by the society, like"Hangzhou 5.7 car racing crime","Chengdou Sunweiming Drunk accident"and"Sanmenxia Wangweibin Drunk accident.The paper is consists of Introduction, Body and conclusion. The body includes four chapters.Chapter 1 mainly states the Traffic Accident Crime of concurrent negligence. In the SPC's interpretation, Unit executives, auto owners, contractors or passengers are included in the main body of concurrent negligence crime, which had raised a lot of arguments. The author tries to offer jurisprudential and practical foundation that the concurrent negligence exists in traffic accident crimeChapter 2 analyzed the act of escape problem of traffic accident crime and the death cases caused by that. The author starts from the SPC's interpretation, analyzed the elements of the crime and determination argument in the actual cases and then states the practical usages of adding the escape crime of traffic accident.Chapter 3 talks about the dangerous driving act. Mostly, the reason for a high rate of traffic accident crime is dangerous driving act. It is a pity that China's Crime Law does not include dangerous driving act. In this chapter, the author firstly analyzed what is dangerous driving then suggests the adding of Dangerous driving crime.Chapter 4 mentioned about the argument of self-accusation of traffic accident crime. The author firstly talked about the existence of self-accusation in traffic accident crime and how to determine a self-accusation. Meanwhile, the relationship between legal duty and self-accusation is analyzed in details and some cases are included.
Keywords/Search Tags:Concurrent Negligence Crime, The escape of traffic accident crime, Dangerous driving act, Self-accusation
PDF Full Text Request
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