About Traffic Hit-and-run Probation Applicable Research Report In Chancheng District, Foshan City, Traffic Accident Cases As Samples

In the road traffic development today, the traffic accident crime frequent height, hasbecome citizens health, life rights and interests of the serious harm, and the traffic hit-and-runcase is opposite in the general traffic accident cases, subjective vicious big, social harmfulnessis big, but the traffic accident crime the proportion of high, become the stereotype judicialpractice problem. Practice on traffic hit-and-run case processing probation applicable ratehigh, mainly economic compensation for decisions considering factors, and calls the situationis more machinery, a scale is differ, causing part punishment does not adapt ruling, violate thecriminal law legislation intention. Theorists for traffic escapes the attention of cases aremainly concentrated in the qualitative and the legislative level, to the attention of penalty isnot high, but the author as a grass-roots judicial personnel, based on the judicial practice,think traffic hit-and-run case decisions still exist many to be standardized place. In this paperthe author through data collection, summary of chancheng district traffic accident cases to theresearch of the current situation and the analysis of the typical case, the traffic hit-and-runcase is actually how to put forward its own views.The first part, this article first introduces the zen city traffic hit-and-run case of generalsituation, the selection of zen city2009-July2012of the judgment of the court traffichit-and-run case36cases, the specific situation list summary to reflect the whole situation ofthe research object.The second part, city traffic accident cases of zen decisions status classification statistics,from punishment suitable ratio, surrender ratio, compensation ratio three aspects: datacontrast, sums up the probation suitable ratio is on the high side, the surrender andcompensation become the main factors of influence probation applicable etc., and separatelycarried on the reason analysis.The third part, this paper summarizes the traffic hit-and-run case for suspension ofproblems existing in the course, including economic compensation to probation decisionsexists improper influence, but punishment range is too big, sentencing disequilibrium,probation applicable rashness, optional, adverse social impact five aspects, and thecorresponding analysis.Based on the above-mentioned problems, the fourth part from the theory of traffichit-and-run case analysis of the criminal law, from the "traffic accident after escaping" meaning of, and points out that the traffic hit-and-run case probation application principle ofexisting differences, has been clear about the traffic hit-and-run case for probation should bestrictly position, and from the basis of the practice, should be strictly grasp the several aspectsof the set.Finally, the fifth part, combining above sums up the current in the traffic hit-and-run caseprobation applicable process existing problems, the author puts forward the standard can be afew aspects, including strict grasp but to surrender, strictly grasp subjective sin size, strictlygrasp the discretionary lighter plot, to prohibit applicable probation for general principle clearexceptions, reduce compensation factors on probation applicable effects.From the basis of the practice of the full text, through theoretical analysis again returnsto practice, layer upon layer propulsion, in order to for our country’s traffic offences probationapplicable provide guidance.