Research On Several Issues Of Criminal Cases Of Traffice Accident

Traffice accident crime is the behavior of the violation of traffic regulations, which causes serious injury, death and serious losses to public and private property. With the development of transport, the number of criminal cases of traffic accident is rising year by year, causing enormous human casualties and property losses. Especially in recent years, frequent speeding and drink driving generate a bad influence in society. The Supreme Court issued a series of judicial interpretation and guidance. However, in judicial practice, there is still a lot of doubts of identify the nature of the case and sentencing issues, such as the identification of escape behavior, the characterization of dangerous driving, the consideration of discretionary circumstances, sentencing and other issues of conflict. This paper discusses the relevant issues, based on the Criminal Policy of Temper Justice with Mercy.This article about 32,000 words, focuses on the following four aspects:The first, the problem of Traffice accident crime identified in the escape behavior, including the definition of essential characteristics of Escape behavior, composition and the Escape of the issues. For the understanding of Escape behavior, there are many different views during the criminal law scholars. This paper argues that the essence of escape behavior is omission,that is to say, after the traffic accident, the perpetrators give up rescuing the injured, avoid liabilities and other obligations.The second, the definition of endangering public safety and the crime of Traffice accident. The difference between the two crimes focuses on the meaning of subjective aspect. The core problem is how to understand the subjective aspect of Traffice accident crime. The paper also discusses the need for the establishment of dangerous criminal.The third, how to use the discretion in light of penalty circumstance of Traffice accident crime under the guidance of The Criminal Policy of Temper Justice with Mercy. There are two kinds of views about the legality of the discretion in light of penalty circumstance. This paper argues that we must considerate it.The fourth, Public anger issues and conflict sentencing. Supporters believe that the size of public anger with crime reflects the extent of the damage of the existing values, and it is the addition of unbalanced severity. At the same time, the size of public anger reflects severity level of negative assessment, which reflects the intensity of the desire to punish crimes which is in order to restore people's psychological balance. Therefore, public anger should be considered. Opponents consider that the availability and size of the public anger is an important basis for sentencing, which is no theoretical and legal basis and contrary to the purpose of punishment. Criminals assume the responsibility produced in their own criminal acts. The severity of punishment is based on his own criminal acts, and there is no reason to require criminals to assume the responsibility which does not due to his behavior. This paper argues that public anger factors should not be considered, otherwise we will be back in the criminal purpose and premise of policy implementation. In terms of sentencing rules, this article supports the theory of circumstances, which can carry out the Criminal Policy of Temper Justice with Mercy better.