Traffic Accident Crime Judicial Rationality Analysis

"Provisions on Several Issues concerning the specific application of law in the trial of criminal cases of traffic accident explanation","if you can pay for all the damage or no compensation amount is less than300000yuan, not be punished for the crime", attracted enormous controversy."Interpretation" as a normative interpretation of the crime of causing traffic casualties, is the "active compensation" as negative elements hinder the establishment of traffic accident crime. Clarify the relationship between the article133rd of the criminal law and the "explanation" article second paragraph first elements, in the elimination of unnecessary questioned at the same time, also prove that the function and position of the terms, a detailed analysis of the meaning and characteristics of the clause, can highlight the property loss has its particularity, resulting in legislation, the legal rationality and rationality of contents and the practice rationality under the coordination of the clause reasonable identification. According to the analysis of rationality of academic attention "interpretation" in the second paragraph first of third items, from second aspects of the first paragraph of the specific contents of the third elements of rationality, legislative purpose and principles of criminal law, the existence in order to solve the judicial practice about the provisions of the dispute benefit. The author thinks that the compensation ability of crime is reasonable is consistent with the spirit of the times, the basic principles of the provisions do not violate the criminal law, the criminal law of our country has guiding significance in improving the road, but also for other types of minor criminal legislation and judicial practice reference, has the significance of social reality major and rationality.