Li Qiming Traffic Accident Legal Research

In recent years, our country because of drunk driving caused a major traffic accident continuously rise, highly dangerous driving, serious malicious traffic violation, not only for our country traffic law violations, but also to the lives of others, a healthy disregard. At present, the traffic accident crime has also become a multiple crime, a serious threat to people’s life and property safety, the social stability, has become a big hidden danger, at the same time, highly social attention, rapid means of information dissemination, the gradual improvement of the public opinion supervision, so that traffic accident is bound to become the focus of the society, the Department of traffic accident treatment is slightly undeserved can cause a series of social problems, so we should draw our attention. I save "my dad is Li Gang" case, is after Sun Weiming, Hu Bin is a national major traffic accident after another representative cases. With the previous case is different, in this case the defendant Li Qiming is suspected of crime of causing traffic casualties were legally filed a lawsuit, why nature is also a drunk driving accident and has caused casualties of the serious consequences, but violate the law make different qualitative. Li Qiming traffic accident cases cause people again to traffic accident crime concerns, national media coverage, on how the perpetrators of conviction and sentencing of the discussion gradually turn white-hot. About this case, expert opinion and public intention is completely different," the crime of causing traffic casualties" or" dangerous to approach the crime of endangering public security" issues become the focus of debate, when solving problems should rationally treat the public opinion, public opinion also should be rational to respect the law.This paper uses the theory of criminal law in China through said, first of all on the crime of causing traffic casualties do a comprehensive survey on the court against Li Qiming, after the traffic accident have made public judgment to make appropriate analysis, through to the defendant behavior theoretical analysis, combined with relevant legal advice, aimed at this case in the conviction and sentencing on the existing questions, and then on the crime of causing traffic casualties and endangering public safety in a dangerous way in the nature of crime on accurate distinction, accurate in this case is the conviction, in the judicial practice, accurate the traffic accident cases legal treatment is often difficult, primarily because of the complexity of the cases. For example, in real life, appearing as drunk driving, drag racing, drunken repeatedly hit new crime, often used for the crime of traffic accident of the relevant provisions to qualitative. So the traffic accident crime in judicial practice in the contradictions, so as to hope that these problems can be passed legislation to make more detailed provisions, in order to make the crime and punishment of unity. Focus on the distinction between crime of causing traffic casualties and dangerous driving and a series of charges related to the judicial practice, this work can be carried out smoothly and to the case of accurate qualitative significance. Based on the typical case as the object of study, in combination with the criminal law the basic principle and similar case processing method on the basis of the case, how qualitative problems which are worthy of debate about the thing, is to write a good paper theme. The article in content structure there are three main parts, the first part is the main content of the case law research, combined with the scholars dispute the notion, in-depth analysis of the issue of conviction. The second part is the main content of the parties to the case of sentencing issue. In this paper, the third part of the paper is the public opinion on the relationship between judicial supervision, this is the procedural democracy and the legal system of the embodiment of democracy..