Expanding Blank Trend Of Traffic Accident Crime Counts

Blank facts about a crime in Criminal Law of Republic of China have very tenserelationship with the principle of legality. Blank facts of a clause always refer us toLaws and Administrative Regulations which are vague and are lack of applicablerules of interpretation. In China, the “Four Constitutive Elements” theory which isseen as plane constitution of crimes has little echoes with the rules of evidence. Thishas further intensified the tense relationship. Especially in recent years, the tenserelationship between blank facts of a clause and rules of legality has been exacerbatedby the introduction of “risk society” theory. Administrative Regulations in the field ofpublic transport security in order to prevent risks have expanded to the field ofcriminal law. For instance, expansion of the blank facts about traffic crime leads todislocations and conflicts of logical relationships among implementing acts,subjective will, and criminal responsibility.In current judicial practice, blank facts about the traffic accident crime not onlyhas regulatory function of the essential elements in criminal constitution, but also hasthe evaluation function of criminal illegality and accountability in the “three levelscriminal constitutive system” theory. This leads to the conflicts in internal logic ofevaluation system of traffic accident crime and leads to the trend of expansion ofblank facts about traffic accident crime. This trend of expansion is mainly reflected inthree aspects. First, it leads to the convergence between the presumption ofresponsibility in administrative law and the criminal accountability. Second, it leads tothat the duty of care in administrative law is equivalent to duty of care criminalnegligence in criminal law. Third, it also leads to administrative standards indetermining subjective criminal culpability. In judicial practice, it reflects as bellows.The judgments of criminal liability for traffic crime are the same as the identificationof responsibility in a traffic accident, rising duty of care for motor vehicle drivers anda lot of criminal negligence are evaluated as the indirect intent.In PartⅠ,by studying the relationship between administrative law and criminallaw referred by the blank facts about traffic crime, we clarify the division of theliability system between administrative law and criminal law. In Part II, we analyzethe causes of trend of expansion in the blank facts about traffic accident crime in thelevel of criminal law theory. There are four causes of trend of expansion in the blankfacts about traffic accident crime. The four causes are: lack of the essence of the principle of legality, the inherent defect of "four elements crime constitutive system”theory, the expansion of security needs and “risky criminal law” theory as well as lackof echoes between testimony of criminal suit and set of crime constitutive elementssystem.In part Ⅲ, through analyzing criminal case about traffic crime andtraffic-related crimes, we reveal the deviation in identifying and understanding theblank facts about traffic accident crime in current judicial practice. In this part, weillustrate three phenomena of the expansion of traffic accident crime and reveal thepath of thinking in the process of identifying such crimes in judicial practice.