Qian Zhuping Traffic Accident Legal Analysis

Modern transportation has become the lifeblood of the development of the modernsocial life. With the continuous development of society and the progress, trafficaccidents have become a hazard to people health and safety of property, which cannot be ignored. When it comes to road traffic only, once when the traffic accidentsare caused, it will endanger the safety of human life and will cause severe loss ofproperty. Therefore, in order to punish the crime of traffic accident, the SupremePeople’s court this year introduced many new laws and regulations and judicialinterpretation of criminal law. These laws and regulations have made olderregulations relative to traffic accidents more proper, but they also received theattention and controversy in the law theory circle and practice circle.This paper cited the Supreme Court case of Qian Zhuping traffic accident case,aims to interpret the crime of traffic accident involving the relevant law and analysisthe question, while judging the case at the same time. The main problems expoundedin this paper include: First, traffic accident behavior relates to this crime and othercrime. The traffic accident crime and other crimes are in overlapping relationship,what the crime will be convicted and sentenced references to the objectiveconditions and the subjective psychology behavior. This paper elaborates severaldifferent traffic accident behaviors aiming to set standard for latter practices. Second,how to evaluate the escape behaviors. The criminal law of our country has notstipulated in traffic accident crime. The escaping behaviors are only judged as thecrime of traffic accidents, so that the escaping behaviors in traffic accidents are notclear, and the punishment is unknown. According to the case for the escaping fromtraffic accident in detail, the author discusses the escaping behaviors in trafficaccidents to the specific circumstances and the elements in detail and puts forwardsome suggestions and opinions on the individual convicting of escaping behaviors in traffic accidents .In third, how to judge the traffic accident of" causing death due toescaping". Theory circle has been controversial towards the death caused by escapeidentification.At the end of the article, the author will aim at the problems above, and expressthe shallow views and suggestions about the perfection of the legislation of trafficaccident crime. It includes : 1. To improve the traffic accident crime sentencingrange; 2. To set up a separate crime; 3. To add deprivation driving qualificationpenalty; 4. modify" interpretation" in relating to compensation of traffic accidentcrime of traffic accident escape set.