The Repair And Reconstruction Of Legislation On Road Traffic Offences

Legislation on road traffic offences in our country could be traced back to the Tang Dynasty. Existing legislation, which is increasingly unable to keep pace with social development of our modern society, is mainly reflected in criminal law and judicial interpretation. Enacting new acts should be taken into consideration.Our country’s Criminal legislation of the current Road traffic safety crime has the following characteristics:First, the results and the behavior both are incriminated, traffic accident crime belongs to consequential offence and dangerous driving crime is one of the potential damage offence. Second, traffic accident crime has three statutory punishment penalty magnitude which shows the obvious characteristics of the penalty ladder. Third, to focus on legislation, the appliable to criminal charges is different in practice due to different size of harmfulness of behaviors’objective and subjective performance. Fourth, the same behavior is identified non-crime administrative illegal behavior in the administrative regulations and in criminal law it is one of the criminal behavior the standards of unconvicted and convicted are the same, the boundaries between administrative penalty and criminal penalty isn’t clear.The present traffic safety criminal legislation of our country has the following defects:First is the criminal code of causing traffic accident using the casualties amount as the statutory sentence upgraded plot, at the same time using the competing of casualties and specific risk behaviors as the legal punishment upgraded plot, so the ultimate penalty depends on the amount of casualties amount. Then specific risk behaviors in conviction is the aggravating factors when constituting crime, but not the criminal penalty factor. This is the disequilibrium. Second is when causing the loss of property, the crime of causing traffic accident assesses the compensation ability of the behavior person, not the criminal behavior with social harmfulness. This is the irreconcilable conflict with criminal punishment, what is punish the criminal behavior that harmful to the society. Third is when assuming the responsibility, according to traffic police department to find the allocation of responsibility, that is not consistent with the criminal standard of proof such as" only with the validity, authenticity, objectivity of evidence is the evidence ability." Fourth is the administrative illegal competing hit-and-run is socially harmful behavior, but the current criminal law causing possible risk to the public safety of society, which is not conducive to the road traffic safety. Fifth is the crime of drunk driving and dangerous driving will decriminalize, which enlarge the road traffic crime circle. In the modern society, driving behavior are at high risk of social behavior, drunk driving is no longer administrative violations, but socially harmful behavior.The punishment of legislation on road traffic offences is no long adjust our society’s development. Firstly, balance between crimes and penalties is not reflected in constitution of a normal crime and a serious crime. Individual penalty and the balance should be obeyed in criminal punishment for traffic violation. Secondly, although administrative legal has qualification penalty, rigidly uniform qualification penalty lacks specific regulations, needing set up certain qualification penalty.Legislation on traffic violation in foreign countries, in content, the range is larger than it of our country and accusations include traffic escapes sin, dangerous driving, traffic violation and traffic violation causing death.What could be done to deal with commonly existed traffic violation? New legislation should be introduced. Reconstitution of a crime of traffic violation, the enlargement of the range of dangerous driving, adding traffic escapes sin andset upcertain qualification penalty are important measures to take to ensure road traffic safty.