Traffic Accident Crime Research

Traffic accident crime is a common kind of neglect crime, which can threat the public safety. Articles 133 in Criminal Law in1997 and Interpretation Concerning Several Matters on application law in Adjudicating Traffic Incident Crime Cases in 2000 put out by The People's Supreme Court are the main basis of judgments, which play an important role in maintaining transportation security. Amendments of Criminal Law made in 1997 changed several regulations of traffic accident crime. The subject of traffic accident crime should be the general subject. "Causing Death" plot provides enhanced statutory punishment range. Then as the complexity of the actual situation and the general character of the provisions, the legislative and judicial practices of traffic accident are in dispute. According to controversial issues in traffic accident crime, the thesis begins its discussion. The thesis can be divided into three chapters.The first chapter is the judicial judgments of traffic accident crime. This chapter mainly discusses the subject of the crime, hit-and-run, and the death caused by the hit-and-run. The main subject of the Crime should conclude pedestrians, non-motorized vehicles and so on. The thesis thinks the concepts of"hit-and-run""the death caused by hit-and-run"are not correct, and not clearly defined. Besides it also discuss whether it could form surrendered for hit-and-run, and whether the other order people can become the accomplice of the traffic accident crime.The second chapter is the improvements of Crime Legislation. According to the controversial issues discussed above, this paper considers that the crime of hit-and-run should be separated from the traffic accident crime, which will help crack down on hit-and-run behavior, and be more fair in conducting the traffic hit-and-run conviction and sentencing. As for the drunk driving, drag racing and other dangerous driving behavior become more and more in recent years, the thesis suggests that the individual convicted of dangerous driving behavior, and not necessarily need harm results to the condition. Combining prevention and punishment, we could actively prevent the dangerous driving behavior.The third chapter is the borrowing and improvement of the theory. Principle of trust and anticipated possibility are important theories in the continental legal system. From the view of the two theories, this thesis is try to explain the difficult points in the crime, and suggests that China's criminal law should appropriately introduce the principles of trust and the anticipated possibility theory, in order to perfect the system of Criminal Law.