Research About Some Problems Of Traffic Accident Crime

With the advancement of the society and improvement of people's living standards, the amount of car ownership is increasing. It brings about increase of social risk and frequent occurrence of traffic accidents. The problem has plagued people for long time. Since the complexity of traffic accident crime, there are several problems in the legislation and judicial practice. Also, some hot issues such as drunken driving, drag racing have emerged continuously. So these problems are waiting for us to solve. Especially, with enactment of the "Criminal Law Amendment (eight)", dangerous driving behaviors have been defined as a crime. Therefore, the research about traffic accident crime will play a important role in theory and practice. Based on the theory of criminal law and judicial practice, the paper will mainly introduce escape after traffic accident, common crime and dangerous driving.This paper adopts research methods such as the summary and comment of the views of internal and foreign scholars, and learning from foreign legislation. In content, the paper has mainly three parts:PartⅠ:Escape and escape-resulted death after traffic accidentFirst, the paper studies the meaning, nature and constitution of escape after the traffic accident through legal provisions and theoretical controversy. The author believes that the meaning of escape after traffic accident includes not only the purpose of avoiding legal action but also the motivation of avoiding resentment obligations, and the places where people escape should not be limited in the scene of the accident; escape after traffic accident not only can be used as circumstances for sentencing, but also circumstances for conviction; the constitution of the escape is analysed from the precondition, subjective and objective aspects. Second, the paper studies the meaning, the legal nature and the subjective aspect of escape-resulted death. It means that the victim died due to lack of timely help after the traffic accident; Its nature is offence aggravated by circumstances; Its offence form is negligence. Part II:joint offence on traffic accident crimeFirst, the paper confirmed the establishment of the neglect joint offence through analyzing the views of internal and foreign scholars. Second, it analyzes the conditions and scope of the establishment of the neglect joint offence. Finally, according to the theory of the neglect joint offence, it analyzes the rationality of the second paragraph of Article V and Article VII in "interpretation".The author believes that the second paragraph of Article V violates the interrelated regulation of Criminal Law and the neglect joint offence; Article VII also violates the theory of the neglect joint offence.Part III:dangerous driving.First, the paper analyses the rationality of dangerous driving defined as a crime in "Criminal Law Amendment (eight)" through both the necessity and feasibility, and then discusses four basic constituents of the crime. Second, it introduces the convergence and transformation between the dangerous driving crime and the traffic accident crime from the harmful results, subjective aspect, sentence. The author believes that in "the Criminal Law Amendment (eight)" drag racing and drunken driving are defined as a crime, and the subjective aspect of the crime should be intention.The acts of not causing death or injury for dangerous driving are defined as a dangerous driving crime; the act of causing death or injury results are defined as a traffic accident crime; after the incident, continuous collision took place, and resulted in deaths or injuries. If the subjective aspect of the second collision was negligence, it should be defined as a traffic accident crime; If the subjective aspect of the second collision was intention, it should be defined as a dangerous crime of endangering the public safety. If its purpose is "harm", the high-risk driving behaviour should be recognized as the dangerous crime of endangering the public safety in Article 114; if the act had caused serious harm, it should be identified as the dangerous crime of endangering the public safety in Article 115. There are some inadequacies, so the author suggests an appropriate increase of legal punishment in the traffic crime.