Analysis Of China Traffic Crime Subjective State

Penalties to punish intentional to the principle of the punishment on fault exceptions have basically reached consensus; And the wilful punishment heavier, lighter punishment of negligence. In the provisions of article133th in the existing criminal code, on crimes of causing traffic casualties are based on subjective forms as a result of the fault committed criminal regulations;2011amendment to the criminal law (VIII) provides for offence of dangerous driving, and is intentionally in the subjective state of mind of dangerous criminals were criminal regulations. In my view, the prevalence of drunk driving, drag racing behaviour in traffic crime, such a theory of criminal regulations to dangerous driving lethal injury situation left a legal gap, adapt is also contrary to the principles of legality and guilt in criminal law principles. Under the direction of the restraining criminal law theory, in response to the wave of traffic safety and crime, should be increased in theory to intentionally subjective state of mind to punish the crimes committed and the outcome of, the offence of dangerous driving lethal injuries.In this article by comparison of criminal legislation on crime of traffic between China and Japan, combined with the legislative changes in the objective environment and people’s subjective state of mind, think crime in traffic in China has been highlighted in the lag of legislation, especially in the last two or three years of motorcycle racing, drunk driving, criminal cases, from the crimes set out statutory, more is revealed of the Penal Code blank. This is an update to distinguish different traffic crimes of subjective state of mind, forming different criminal acts in order to achieve perfection of theory about traffic crime.(1) first level-the intentional mind dangerous driving lethal injuries in behaviour, this type of crime is the subjective state of mind of intention, is the result, and such a generalization can respond to the current legislation of blank, perfecting the punishments for dangerous driving behaviour.(2) the second level of under-the-mistakes mentality traffic behavior and results make. This type of crime that is provided for in article criminal law the133th traffic crime, driving behavior for drivers is the normal state. While drawing on new fault results in evading obligations and Japan finds application in traffic safety and crime of the criminal law principle of trust, through the distribution of the trust principle concern affecting the duty of care to limit or negate the duty of care of the perpetrator, so as to achieve the purpose of stop the perpetrator negligence liability.(3) the third level-the interface with administrative law, qualitative+quantitative on crime legislation model in China led to administrative penalties and class differences exist between the laws of nature, of criminal law or an administrative penalty, it is a criminal policy needs.