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Case Analysis Of Traffic Accident Which Consists Of Two Individual Accidents And Leads To Death Of Victim

Posted on:2012-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:S ChenFull Text:PDF
GTID:2216330371953952Subject:Law
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The traffic accident crime which includes two separate accidents and leads to someone killed happens a lot. The specialty of the case here is that, between the two separate accidents, there is no rescuing. The two separate accidents and no rescuing connect closely with traffic death result. The uncertainty of traffic death time and whether the first traffic accident made the victim seriously injured make it difficult to address the issue. The focal points of the case are as follows. Firstly, whether the first perpetrator commits a crime and which crime? Secondly, whether the one who may be responsible to resume the victim but not commits a crime or not? Thirdly, whether the second perpetrator commits a crime or not?The thesis considers that, the main obstacle of addressing the issue is the divergence of the problems as follows. When the victim got seriously injured and when the victim died? Which is the sin of the crime, the form of negligence or criminal intent? The cause-effect relationship of the case is complicated, it matters a lot and is hard to get clear.The thesis shall take the"conditioning theory"to discuss the cause-effect relationship of the case. According to the"conditioning theory", if there was no behavior, there was no result. What should be clear is that, the cause-effect relationship exists not only in two simple affairs but also in complicated affairs. Sometimes, the intervention factors may affect the cause-effect relationship. To judge whether the intervention factors affects needs considering all factors synthetically. The overlapping cause-effect relationship is kind of cause-effect relationship, because it could be resolved into simple cause-effect relationship.We don't know if the victim is seriously injured or not during the first accident. But no matter yes or not, the thesis considers that the first perpetrator commits the traffic accident crime.The traffic accident crime which includes two separate accidents and leads to someone killed, during which, the first perpetrator escaped. In this situation, generally, no matter whether the first impact caused death or serious injury, only if the victim eventually died, the first perpetrator commits traffic accident crime. If the first accident leads to no serious results, the first perpetrator would be sentenced 3 years term of imprisonment. Whether the second perpetrator commits traffic accident crime or not, depends on the specific factors in each case.
Keywords/Search Tags:Second impact, Traffic accident crime, Cause-effect relationship
PDF Full Text Request
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