Research Of The Crime In Shipping Traffic Accident

As the shipping transport industry is prosperous, the relevant accident casesoccurred more frequently. According to the provisions of the present criminal lawarticle133rd, some of them responsible for the accident crime in traffic identificationshall be investigated for criminal responsibility, but there are the majority only to beheld in civil or administrative liability.This phenomenon not only gives no comfort tothe injured party, but also makes it very difficult to effectively prevent and punish thewaterborne traffic accidents. Although the provisions on the crime of causing trafficcasualties of the current "criminal law" can be applied to traffic accident behavior inwate, both theoretical research and judicial practice. Focusing on the traffic accidentcrime is always on the road traffic liability accident crime. The shipping trafficaccident crime and road traffic accident crime, although all belong to the crime ofcausing traffic casualties, have markedly different characteristics. The judicialinterpretation about the traffic accident crime conviction and sentencing standards areset according to the main characteristics of road traffic accident crime, which isespecially important for hearing the cases of traffic accident--the SupremeCourt "explain" several issues about the specific applications of law in the trial ofcriminal cases of traffic accidents. Whether it is a standard or a crime punishment, itdoes not involve any content on shipping transportation domain. The occurrence ofwaterway transportation in the field of traffic accident cases only has to face reality.Operation difficulty is not strong. The outstanding performance of the most commoncause of drowning one’s whereabouts is a mystery. In shipping traffic accidents, whether the “missing” situation identified and investigated to be criminal liability isdisputed. Due to the long-term legal blank made both by criminal cases in judicialpractice, there are cases not to be prosecuted, and there are cases of the same crimewith different punishment. All those cause unsure referees having occurred from timeto time and even affect judicial stability.The lack of relevant laws and regulations leads to the differences of water law ofcriminal liability for traffic accidents Traffic accidents on the behavior of water, onhow accurate qualitative, how to set the punishment, how the legality andreasonability of the conviction and sentencing, these problems have to be solved. Thispaper advocates to characteristics and protection of the interests of the law of realshipping traffic accidents, according to existing railway, aviation traffic liabilityaccident crime patterns, shipping traffic accident crime in current criminal law.Additionally, with the traffic accident crime and conviction and sentencing standardsas research foundation, the paper further explains the connotation and optimization ofshipping traffic accident crime and set the standard of conviction and sentencing.Moreover, this paper recommends appropriately to improve the standard of ies thestandard of conviction and sentencing to "missing" cases to perfect our legislationon shipping traffic accidents. This paper is aimed to find a solution to clear theobstacles, ultimately achieve the purpose of crime prevention, reduce the social harm,promote and guarantee the harmony and stability and the development of watertransportation.