The Research About The Accomplice Of The Traffic Accident Crime

In our country, both the mainstream criminal viewpoint in theory horizon and the criminal legislation support the theory of criminal commonness, negation of the offense of joint negligence. As one of the most typical negligence criminal, there is also no joint crime. However, the judicial explanation actually admits the joint offense in traffic offences in some extent. This situation is either damages the authority of the criminal law in China, or damages the scientific and rigorous legal system.This paper is on the basis of the current criminal law strictly, and relying on the mainstream of joint crime theory, in order to analyze the Traffic accident crime and present some feasible suggestions. This paper is divided into three parts.The first part we introduce the historical evolution of traffic offences and understand its ins and outs. Then we will expound the traffic offences from the subject of the traffic offences, the subjective aspect, the object of the crime and the objective aspects of the crime four aspects separately.In the second part we emphatically introduce the conflict between judicial explanation and the current criminal law, and point out the contradiction between the provisions of the joint crime in the judicial explanation and the current joint crime theory, and introduce the mainstream theory of criminal commonness. After that we will review the content about the joint crime in traffic offences base on the criminal law and the theory of criminal commonness. The traffic offences will be divided into "not only instigate illegal driving but also instigate hit-and-run " situation,"pure instigate illegal driving" and "pure instigate hit-and-run" three situation, and we will analyze whether those three different situation constitute joint offense under the common theory, strive to solve the joint crime problem in different circumstances at traffic crime field better, and then service for judicial practice department.In the third part, we may present some law amendment opinions. Such as add the sin of hit-and-run, revise and delete the unreasonable judicial explanation, absorb and reference rational content such as introducing "drivers" concept in Common Law System in order to form a scientific and reasonable, adapt to the punishment principal and suitable for China's national conditions criminal law system in the field of traffic offences.