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The Discussion Of Escape Case In Traffic Accident Crime

Posted on:2013-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2246330395458893Subject:Law
Abstract/Summary:PDF Full Text Request
As society advances and the rapid development of science and technology,Traffic fatalities has become increasingly serious social problems. Traffic accidents inChina on the rise in recent years. With the notable feature of the case is complex,serious consequences, but the provisions of criminal law for the Crime is relativelyweak, Not enough to punish and deter the occurrence of acts of Traffic Accident. Forthe problem, I presented on the Crime Legislation proposals,Hoping that theproposals as a reference permit for some of the future legislative work.The approach of this paper is characterized by the greatest combination of theoryand practice. The author demonstrate the Crime of all kinds of theories of the sametime. Reference to the judicial practice of a large number of the Crime of all kinds ofcases, Can expect real, author of typical cases to illustrate the various points, Enhancethe understanding of theoretical knowledge.The main contents of this paper can be divided into three parts, First, the currentCriminal Code Article133the Crime of the existence of different points of view.Some of the arguments in the negative at the same time put forward their own pointof view. Second, is the key to escape for the Crime Problem. This paper analyzes thedefinition of escape behavior standards. Traffic Accident in the presence of the threeEscape behavior and escape to cause of deaths related issues. Finally, according to theprevious discussion, the author of the Crime of the improvement put forward theirown proposals. The main contents include133of the Criminal Code should besimplified, The Traffic Accident Causing Death in the behavior of individualconviction, And from the four elements constitute a crime to demonstrate itsfeasibility and rationality of respect, Discussed in the criminal law dealing with thevarious situationsAs an academic discussion, the author of the legislation and judicialinterpretation made from the theory of assessment, Aimed primarily at theshortcomings of legislative and judicial interpretation. Criminal law scholars havemade for a more consistent understanding of the idea or theory, the author does not address or only a brief comment, As for the so-called shortcomings, it is only theauthor’s personal opinion.
Keywords/Search Tags:Crime Constitution, Escape Behavior, Aggravated Offense, Level ofResponsibility, Traffic Accident Resulted in Death
PDF Full Text Request
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