Research On The Differentiation Between The Crime Of Causing Traffic Casualties And Other Related Crimes

In the ever-changing modern society, vehicles have entered into the homes ofordinary people, and brought great convenience for people’s travel. However, theattendant problems such as road congestion, traffic accidents and so on also brought alot of problems for living order of people, and have become hot social concerns. Inthe background of that the national laws pay more and more attention to respectingand guaranteeing human rights and the protection awareness for people’s life andproperty is growing, this paper selects the most common traffic accident crime in thejudicial practice as the research object, and combines related crimes which are aboutvehicles, such as the intentional killing crime, the intentional injury crime, theunintentional and wrongful death crime, the endangered public security crime bydangerous means,the dangerous driving crime and so on,This paper uses the methodof comparative study on real cases to make comparative analysis of difficult problemswhich are encountered in the judicial practice, so as to find the clear distinctionmethod for affirming this crime and other crimes of the traffic accident crime, thus toaccurately identify crimes and the applicable penalties.This paper is mainly composed of four parts:Part1: this part elaborates division principles of the traffic accident crime, theintentional killing crime and the intentional injury crime, and advises analyzing andjudging by using evidence comprehensively. This part takes the subjective attitude ofthe actors as the key point of distinction, especially makes case-by-case analysis ontwo types of traffic accident cases which are transferring or hiding the victims anddragging to death and related cases about “escape and cause people’s death”. Andthen this part analyzes and discusses the situation that the runner makes anothertraffic accident and cause death in the process of escape after a traffic accident, andfurther clarifies the standard and basis of conviction from the angle of practice.Part2: this part sums up the key point of the traffic accident crime and theunintentional and wrongful death crime in practical boundary, and analyzes thedifferent violated crime objects and occasion environmental conditions of acts of the two crimes through combining particular cases, so as to clearly define and grasp theidentification standards of these two crimes.Part3: this part discusses the connection and the distinction between the trafficaccident crime and the dangerous driving crime under the same legal provision,advises personal opinions from aspects of dangerous driving acts, the concept andfeatures of the dangerous driving crime, the collection between the dangerous drivingcrime and the traffic accident crime, the distinction of boundary and so on, and putsforward the suggestion on how to perfect legislation.Part4: this part elaborates the key points of boundary between the trafficaccident crime and the endangered public security crime by dangerous means, andanalyzes cases of endangering public security by driving. This part advocates holdingviews of understanding and grasp of the main academic point of view “unspecified”of “on the meaning of public security” and the boundary of “the other dangerousmeans” of the endangered public security crime by dangerous means, and alsoemphasizes that the indirect intent should be prudently judged.I have been engaged in prosecutorial work for a long time, the traffic accidentcases are frequently encountered cases in examining the complaints and the appealsof clients and in the work of examining and approving arrests, which belongs to themultiple common criminal cases, the handling of the cases involves the daily life andpersonal interest of many people, therefore, to pay close attention to how toaccurately use laws and convict and measure punishment make it easier to embodythe harmonious society and the judicial justice in public.The characteristic of this thesis is that this paper can think and researchcombined the theory with practice from the judicial practice and combining thejudicial work which is the author is engaged in, but I should continue to accumulateand progress in future work and learning due to the limited practice field and not-deeptheory basis, and the theoretical analysis is still shallow and not thorough enough.