The Determination And Legislative Perfection Of Maritime Traffic Accident

Shipping industry prosperity at the same time, human error factors leading to maritime traffic accident increasingly frequent occurrence, some of them according to the current criminal law of China shall be subject to specific acts of the criminal responsibility. But over the years the maritime traffic accident criminal liability always exist a lot of problems, especially in maritime victims caused by the missing state which is exist legal rules of the deletion. To cause one’s whereabouts is a mystery whether can be taken as a result of damage, and shall be investigated for criminal responsibility, the law of our country should be considered carefully. Here a long legal blank in the judicature practice different judges will cause one’s whereabouts is a mystery (missing) the circumstances of different processing, or refer to the death, or other circumstances, or not sue, and uncertainty judgment occurs frequently. At present, some accidents appeared different nature of the processing results, when the traffic accident occur different places, such as in the road, inland waters or sea area. Such problems to make the treatment of traffic accidents become unbalanced, the current criminal law on the status of standard uncertainty, so in practice often appear similar cases but the trial result difference is very far, hamper justice for stability, criminal justice and harmony and stability of society brings a lot of inconvenience. In1997the new criminal law "the crime of endangering public safety in the chapter" the crime of causing traffic casualties only provides for "causing serious injury, death","accidents", and unspecified "other serious consequences", this has to say is a larger defect.Legislation defects make maritime judicial confusion is increasingly obvious:1.At present, in our country current legal framework, in violation of water transportation safety management regulations and cause water traffic accident cases in judicial practice should be how to identify, eventually making the judgment.2. Water traffic accident consequences how qualitative. Water traffic accident cause the victim could be identified as one’s whereabouts is a mystery. The harmful consequences caused by traffic accident.3. In the establishment of "water traffic accident crime" necessity and feasibility. Whether and how the future legislation process in violation of water transportation safety management regulations and cause of waterborne traffic behavior give negative evaluation, and then make the behavior person to assume the corresponding responsibility. The current water traffic accident caused the victims one’s whereabouts is a mystery. Case, neither injuries nor that presumption of death, so long denied the legislation. The law on solving the problems of the existence of experience of pattern, should be based on the theory in this case highlights the practical need for legislation.There is no obscure words, according to the judicial problems should be solved, satisfy our country maritime judicial career begin smoothly. The existence of these puzzles prompted us to water traffic accident caused the victim on one’s whereabouts is a mystery. The problem of criminal responsibility of further development of the research of deeper administrative levels, seek settlement way.