Study On The Adaptation Of Traffic Accident Cases To Criminal Law

At present our nation is developing in a high speed but staying at a transform period.. During this period, accompanied With the acceleration of urbanization and the Rapid growth of car ownership, all kinds of traffic accidents caused by dangerous driving behavior increased dramatically. And now the criminal offenses that related to traffic accidents already aroused extensive attention of the whole society. As a kind of common and multiply happened crime,The traffic Accident crime is extremely harmful to society. However there still quit a lot dispute towards this crime's charge and judicial interpretation. So correct understanding of this crime's constitutive elements and it's judicial interpretation do means a lot for us to indentify and fight against this kind of crimes. facing the reality that major or malignant traffic accident frequently happens, it becomes more and more necessary for us to make an a accurate definition towards this dangerous driving offenses caused by dangerous driving behaviors, and on this basis to launch on a number of related issues.There are 17000 words in this paper without abstracts, four part is divided:part one presenting the problems and showing the significant of it.With the increasing number of vehicle owner, traffic accidents appeared constantly, the number of people died of car accidents in china, is ranking top of the world. Based on the reality of our nation, to explain the significance of this paper. from the classic cases such as "Hangzhou hu bin case" and "Chengdu SunWeiMing case", to lead out the controversy point, after shock and query presenting my confusion about the application of criminal law towards traffic accidents; par two, Analyze this problems,To comparing "traffic accident crime" and "Dangerous means to endanger public safety of sin" from Subjective and objective aspects, subject of crime object of crime and also the aspects of sentencing; part three, to analyze the understanding and application of"Dangerous driving sin", and at the same time referencing the experience from other country or region.combined with out nation's reality to table an proposal. For solving our nation's problems caused by traffic accident cases, The author proposed the creation of dangerous driving sin. for it is conductive to the prevention and control of such acts, and at the same time highlight the preventive and deterrence function of criminal law; par four, solve the problem, stating my way for solving this problem, and wish it can help preventing traffic accidents from happening, or at least decrease the happening frequency of it.