On Legislative Deficiencies And Consummation Of Traffic Accident Crime

The current "PRC Criminal Law" was created in 1997, it has the crime of traffic accident in the chapter of endangering public safety, through the legal intent of legislators, which is obvious they want to make a balance between people's requirement for travel convenient and social public safety. On the one hand it ensures the development of transportation, and on the other hand it punishes sins of drivers by criminal law. However, within the rapid development of the transport industry, the emergence of some phenomena comes out, such as drunk-driving, unlicensed driving; people think the power of "Criminal Law" is limited. The Supreme People's Court introduced "The Interpretation" to us in 2000, but some questions about the crime of traffic accident are disputed yet, there is still no unified understanding.Recently, traffic accidents occurred frequently, some of that attached particularly social factors were attended by people, these cases renewed the reflection of jurisprudence researchers about the crime, we should think about the indirect intentional guilt becomes a factor of the crime. The voice of perfecting criminal law which is related to regulating traffic accident crime becoming more and more strongly. National People's Congress passed "The Eighth Amendment of Criminal Law" in Feb.25,2011. The twenty-second clause of it shows us drunk-driving and dangerous chasing-driving two behaviors will to be punished clearly within the criminal law. But "The Eighth Amendment of Criminal Law" did not amend the punishment about traffic accident crime, the subjective sin of traffic accident crime has not unified.As an author, I think about the above questions independent and research a lot of articles and literatures. I try to analyze the deficiencies of judicial interpretations, punishment, and subjective guilty of the crime; in order to putting forward my own proposals and discussing with researchers, so as to improving the criminal provisions of the traffic accident crime, and regulating other dangerous driving behaviors to avoid tragic traffic accident.