Research On The Disputed Issue Of Joint Criminal Traffic Offenses

The Supreme People’s court in November10,2000bytraffic accident "explanation", a total of twospecifiedasthe accomplice of traffic accident crimeprocessing.This explanationis made,in judicial practice, created a joint negligence crime in accordance with thetreatment of common crimeprecedent,but in our present criminal law, andthe traditional criminal theoryhad a great impact. Common crimebecause of itsgreat social harm, has long been recognizedby law, andpromotion isan important systemin criminal law. While the joint negligence crime,regardless ofthe theory circle and practice circlehaverarely. Butwith the development of science and technologyand social division of laboris increasingly close,the joint negligence crimephenomenonof more than two peopleexist not only,and have agrowing trend,a serious threat to human life and property. Butthe current criminal law and thetraditional theory of criminal lawis more and more difficult toadapt to the needs of society, cannot effectively sanctions and curbthis kind ofcrime phenomenon. In view of objectivity,the joint negligencecrime social hazardous nature,should be punished,to the joint negligence crimeboth in theory andin practice are necessaryto strengthen the re understanding.The author firstlyfrom thetraffic accident crime investigation ofthe dispute, thetraffic accident crime whether has the common crime, the crime of traffic accidentcrimesubjecthow to analyze.Then,a rational analysis of the crimeissue from traffic,introduces the theory of traffic accidentcrime, judicial interpretation of the provisions ofthecriminal lawand the theory of joint crime and joint crime.Finally, puts forward the solution totraffic accident crime dispute.