On The Crime Of Conviction Model Legislation Is Perfect

Along with the deepening of social modernization of our nation, people's living standard and living quality ascend greatly, vehicles gradually become popular among citizens, automobile volume rises year by year. Now people enjoy the convenience brought by automobile to their lives, in the mean time, they are forced to bear the severe pains caused by traffic accidents. Since traffic accidents are very harmful, how to prevent and how to minimize the happenings of them become a topic which need to be highly valued and extensively respected by the whole society, whereas, to lawfully give criminal liability to the traffic accident criminals and to frighten those traffic participants who neglect traffic laws and people's safety should be regarded as effective ways to prevent and to minimize traffic accidents.The author of this thesis has been a traffic policeman handling traffic accidents for many years, he also shares professional knowledge on both Medical and Law Science, trying to foster strengths and to avoid weakness, he selects the topic as his Master's thesis in consciousness of responsibilities.To be confronted with the facts that many lovely people are killed every day by traffic accidents caused by alcoholic driving, fatigue driving, over-speed driving, non-giving-way driving of some drivers and the facts that there exists severe imperfection in current traffic laws, as a law master who daily works on roads to deal with traffic accidents, he is liable to take some responsibilities despite that his thinking about our nation's traffic law and regulations may sounds superficial, or may be wrong.Based on the above knowledge,applying systematic analysis, historical analysis, comparative analysis, combining some actual cases of traffic accident handling, this thesis focuses to study thoroughly and systematically the conviction mode of current traffic accident crime. On the purposes of helping to reconstruct the conviction mode of traffic accident crime, defining traffic accident crime as clearly and strictly as possible, implementing the principle of lawful crime conviction and lawful punishment, unifying our nation's law and regulations, offering references to our nation's legislation work on"crime of escape after traffic accident", fighting against the increasing escapes after traffic accidents, this thesis summarizes the imperfections that exist in current conviction mode of traffic accident crime, it also presents some proposals to complete the regulations on this domain.Except preface, this thesis contains the following four chapters:Chapter one: after discussions of the relevant regulations about"crime of escape after traffic accident"issued by our nation's criminal law and judicial explanations, this chapter sums up"Liability + Damaging Results(+Specific Plot)"as conviction mode of traffic accident crime, in other words, it sets up a conviction mode which puts traffic accident liabilities as in cored position.Chapter Two: traffic accident liabilities, taking key and cored position in"crime of escape after traffic accident", is discussed. After analysis and research of the unification of affirmation standards, the property of liability, the issue of possibility of administrative litigation and the rescuing ways to traffic accident liability affirmation, this chapter indicates that today's identifications of traffic accident affirmation lack scientific basis , the affirmation standard is in lack of unification, the affirming conclusions are arbitrary, it also points out the problem of imperfection of the remedy channels for traffic accident affirmation.Chapter three discuss the imperfections existing in current conviction mode of traffic accident crime, after wholly analyses the influence of traffic accident liability to traffic accident crime, the confirmation of numbers of death and casualty, the relationship between an escaper's liability and traffic accident crime, definition of traffic accident crime, this chapter indicates that, equal liability will become a harbor for the parties involved in a traffic accident to avoid traffic accident crime, subjectivity of liability affirming conclusions will bring the phenomena in which administrative authorities replace judicial ones and many casual crime conviction happen, non-disputable liability affirmation will result in the absence of criminal responsibility, non-stipulation of post-death time will directly leads to actual chaos and judicial injustice, the stipulation to the numbers of severe injuries makes unbalanced to criminal structure, the non-definiteness of current mode of crime conviction will not enable the citizens to predict the character of their own behaviors and lawful consequences.Chapter Four: the chapter forwards legislative proposal to complete the stipulations on traffic accident crime, it discusses the necessity to reconstruct new mode of crime conviction toward traffic accident, to cancel the stipulation that traffic accident liability is regarded as identification of traffic accident crime, to cancel the limitation to the numbers of severe injuries, To improve the definition of traffic accident crime, it stipulates the activities that violating traffic rules in details, it concludes that regarding the inferred liability as basis of traffic accident crime affirmation will violate the principle that crime and punishment are decided by laws, it points out that panel theories should be applied to analyses the necessity of convicting escaping behaviors after traffic accidents, it suggests particularly to set up the name of"crime of escape after traffic accident"in our nation's criminal law system.