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Research On Related Problems Of Traffic Accident Crime

Posted on:2012-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:H C ZhangFull Text:PDF
GTID:2216330368992065Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of causing traffic casualties is in real life the most common crime, will cause serious casualties and property losses, have greater social harm. In recent years, along with our country the development of transportation, traffic accident cases showed a rising trend year by year, caused wide attention of the society. In this paper, combining theory with practice, to some problems of traffic accident crime in the main line throughout the text, then the traffic accident crime subject of crime, the crime of causing traffic casualties in the escape problem, accomplice, surrendered to the problem of comprehensive analysis, and based on the previous research results puts forward some reasonable suggestions of legislation. The full text is divided into five chapters besides preface.The first part is the set of elements of the crime of causing traffic casualties. The main analysis of traffic accident crime in four aspects.The second part is the traffic accident crime related to escape problems. Discussed the connotation of escape, escape behavior nature, escape acts constituting elements, escaping death connotation, and emphatically discusses the deaths caused by the escape of the subjective guilt.The third part mainly introduces the crime of causing traffic casualties in the problem of the offense of joint negligence. Introduction of criminal theories and judicial practice about joint negligence crime theory to undertake an analysis, in affirmation of joint negligence crime this crime form of the case, the joint negligence crime tenable condition and the scope of the analysis, and the" Supreme People's Court on the trial of criminal cases of traffic accidents law application in many interpretations" fifth paragraph the provisions of section two of the irrationality of discussion.The fourth part is the crime of causing traffic casualties surrendered to the problem analysis. The author from the criminal law circles about the surrendered to the problem of existence, the existence of the phase problem proceed with, in the traffic accident crime in each phase has surrendered to the premise, discusses the determination of voluntary surrender should pay attention to several situations.The fifth part discusses the problem of perfecting legislation of crime of causing traffic casualties. Considering the current traffic accident crime law and judicial interpretation imperfections are analyzed, and the traffic accident crime legislation put forward reasonable and feasible suggestion.
Keywords/Search Tags:traffic accident crime, subject, escaping death, oint negligence crime, voluntary surrender
PDF Full Text Request
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