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Drink Driving Accident Study Of Criminal Responsibility

Posted on:2012-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:W F SongFull Text:PDF
GTID:2216330344950599Subject:Law
Abstract/Summary:PDF Full Text Request
With the complex and subjective development of the drink-driving doers, the complexity of the traffic accidents and the lack of legislation of drink-driving behaviors, the conflict between "how to judge" and "what to judge" has came into a truth. By combining the elaboration and application of the action libera in cause; through the relative demonstration of crime of endangering public security, traffic accident crime and other crimes thus to resolve the issues on judging the drink-driving crimes.The greatest devotion of the action libera in cause is that it has diversified the behavior of "drunken" and "driving", by inspecting the subjective crimes in the two periods and the transformation of both the crimes and periods, the decision of the crimes from the doers could be made at the same time.The relationship between the traffic accident crimes and the crime of endangering public security is not a contradiction, by inspecting the subjective behaviors of the doer, the objective reasons such as the environment, position and condition of driving, and then assess whether it's enough to constitute the clause of "other kinds of dangerous manners" in the law of public security. And the sufficient judgment should be made on the behavior of escaping and escape after traffic offense sending people to death.
Keywords/Search Tags:Action libera in cause, Drink-driving, Criminal responsibility, Committing traffic offences, Determination
PDF Full Text Request
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