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Traffic Accident Crime Research

Posted on:2012-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:G L WangFull Text:PDF
GTID:2216330338962322Subject:Law
Abstract/Summary:PDF Full Text Request
Traffic accident crime is on the rise,specially in recent years,it seriously threatens people's life, health and property security. Along with the development of our social and economy,transportion industry has developed quickly.There are more and more traffic accidents as a result of the vehicles'increasing.The accidents often cause the results that lots of people were seriously injured and killed,or that public and private property suffered a big loss. Some problems about the traffice offences still exist great controversy in the theory circle,such as the complicity problems of the traffice offences,to settle dispute reasonably will help us to identificate the traffic accident crime.Meanwhile,we must make a correct distinction between the traffice offences and the crime of endangering public security with dangerous means,to avoid the abusement of the latter.The author also analyse the problem of drunk driving comparative.And above all,we must give attention to the traffice offences for its'destructive effect.This paper is divided into four parts:The first part is to explain the basic problems of the traffice offences,including its basic concept,its constituents,its judicial cognizance,its penalties.Among these problems,the author analyze its constituents in detail from different aspects,and present new ideas.In the part of its Judicial cognizance, the author mainly analyse the affirmation of crime and non-crime,one crime and plural crimes,this crime and other crime,the surrender.The second part mainly analyses the related issues in the interpretation of the traffice offences,including the complicity problem,the problem of the inability to compensate,the problem of the escaping.It's very necessary to analyze and disuss these problems for they arouse many controversies.On the base of clearing kinds of points,the author give the above three problems new assessments.The third part explains the concept and the manifestation of the crime of endangering public security with dangerous means through the real cases,and mainly analyze the relation and affirmation between the traffice offences and the crime of endangering public security with dangerous means.The fourth part is main about the suggestions on governancing drunk driving. In view of the case of drunk driving occurs frequently,the voice to give penalty to the behaviour of drunk driving is much more stronge.And the Amendment VIII to the Criminal Law of the People's Republic of China have actted aggressively that drunk driving violate the criminal law.The author mainly analyze the disputes and significances of the theory that give penalty to the behaviour of drunk driving,and on this base to propose some suggestions.
Keywords/Search Tags:traffice offences, complicity, the inability to compensate, escaping, the crime of endangering public security with dangerous means, drunk driving
PDF Full Text Request
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