On Legal Issues About Traffic Accident Crime

With the fast development of market economy and the improvement of people’s lives, the number of household cars is drastically increasing.The issue of increasing traffic accidents, especially school shuffle accidents, is now becoming the focus of the whole society. Under this circumstance, it is of great importance for China to conduct research on traffic accident crime. According to criminal laws and its practice, this thesis also offers some advice to improve the law on traffic accident crimes, which is expected to be helpful for the proper determination of the crime in judicial practices.Part One is about legislation and characteristics of traffic accident crime in China. By introducing the traffic accident crime on a historical view, it makes clear the background of legislation. Moreover, by comparing legislation of traffic accident crime in China with that abroad, this thesis distills the characteristics of traffic accident crime in China, thus make references for legislation in China by comparison.Part Two is qualitative analysis on escape behavior of traffic accident crime. It conducts studies on factors and penalty ranking of traffic accident crime. This thesis analyzing the pros and cons of ranking penalty especially for traffic crime escape, by studying a few typical cases home and aboard in three aspects as subject, recognizing and death from traffic crime escape.Part Three is legislations and focus of controversy on dangerous driving crime. In Criminal Law Amendment (Eight), the term of dangerous driving crime appears for the first time, thus indicates it’s urgent and incomplete characters. Starting by legislation of dangerous driving crime, this thesis studies its disadvantages during the practice in area of academy and judicial. This thesis makes suggestions for recognizing of dangerous driving crime by analyzing different penalty types in two ways:firstly, introducing the case of Gao Xiaosong’s drunk driving; secondly, making distinctions between crime of endangering public security, crime of intentional killing and crime of intentional injury by comparing thrust13persons because of drinkdriving and Yao Jiaxin’s case of intentional killing. Part Four analyses the legislative dispute and cognizance of surrender in traffic accident crime. With disputes in judicial practice as breaking point, the author analyses the perspectives of local courts, experts in law and ordinary people, and proposes his own perspective from the starting point of the objective of the establishment of surrender mechanism. After analysis on related laws and disputed issues regarding surrender, the article discusses the cognizance of surrender according to different situations.Part Five discusses compensation for mental loss in traffic accident crime. As there is a legislative blank in compensation for mental loss in traffic accident crime in China, the author points out the necessity of compensation to victims. Starting from the difference between compensation for mental loss and other forms of compensation, the author proposes the establishment of methods for compensation for mental loss in traffic accident crime, and defines the scope of subjects and the amount of compensation, in hope of providing help to legislative practices.The last part deals with the importance of facing the positive and negative effects brought by the era of automobiles, having a clear understanding of the overall situation, studying questions related to traffic accident crime in a comprehensive manner, and reconstructing the framework of traffic accident crime from multi-angles, so as to be some help to judicial practice and social development.