The Study On The Judicial Application Of Traffic Offence

Traffic concerns every family and every body. The problem of traffic offences has always been a pressing and helpless problem in law-making and law-practicing. Due to traffic problems and weaknesses in the legislation of traffic offences, many problems in traffic problems are not defined exactly, leading to some difficulty in judicial practice, especially in dealing with cases of traffic offences.This paper focuses on the research on criminal laws in China, as well as the comparative research on domestic and foreign criminal laws, attempting to achieve the goal through diversified research methods. By doing research on the relevant difficult problems in traffic offences through different methods, the author, on one hand, tries to clarify the theoretically argumentative parts and provides the author's own views on theoretical problems of traffic offences on the ground of previous studies; on the other hand, by using some cases of traffic offences in judicial practice, especially those criminal cases in hot social issues and the cases done by the author herself, the author analyzes some issues in judicial practice, especially controversial issues, and makes some introspection about criminal judicial practice. Besides, this paper is not only theoretical but also practical. The author refers to some cases of foreign legislation, proposes certain criticism on the weaknesses of the traffic accident legislation in the criminal law in China, and puts up with some suggestions on how to perfect the traffic offences in criminal law from the perspective of application, hoping it will be helpful in developing this accusation in the future.The paper comprises three parts:the introduction, the main text, and the conclusion. Among the six chapters in the main text, the first five emphasizes the existent problems of traffic offences in judicial practice, and the last one pays attention to possible ways to solve the traffic offences through legislation.Chapter 1 explains the concept of traffic offences and its constituting elements. Starting with the concept of traffic offences, the author tries to clarify the subjects and objects in traffic offences, and analyze the view that the subjects are negligent in traffic offencesChapter 2 develops around relevant questions concerning the absconding from traffic offences. The author elaborates on the nature and constituting elements of absconding, explains what is absconding-leading-to-death, and performs detailed analysis through relevant cases.Chapter 3 talks about the situation of self-accusation in traffic offences, and classifies self-accusation with the cognitive principles in dialectical materialism, from theory and back to theory. In addition, taking the cases she has dealt with as examples, the author makes clear how to define self-accusation in judicial practice.Chapter 4 compares traffic offences and the newly-added dangerous driving crimes in the Amendment 8 to the Criminal Law, starting from the original Intention of the legislation of adding dangerous driving crime to criminal law to the analysis of standards of conviction and punishment of dangerous driving crime, and at last proposes the author's views on the application of dangerous driving crime and traffic offence in judicial practice using the policy of temper justice with mercy.