Traffic Accident Acts Of Criminal Law Reasonable Regulation

Traffic Accident behavior occurs frequently, causing great harm to the state,society and citizens.1997Article133of the Criminal Code Traffic Accident "escapeand cause death" acts as a traffic crime Sentencing be laid down, our Supreme Courtin2000, the Supreme People’s Court criminal cases on the trial of Traffic Accidentlegal interpretation of Several Issues "(hereinafter referred to" explain "), to guidejudicial practice, to some extent, to curb the occurrence of escape behavior; however,brought criminal doctrinal dispute. Stableford disputes and curb the escape behavior,it is necessary to rethink the existing legislative provisions of the Traffic Accidentbehavior, reflect on what are the weaknesses and problems, why did not reach topunish and to curb the effects of the escape behavior? For this purpose, I write thismaster’s thesis, hoping to be able to make some of their own ideas, to bring a bit ofhelp to the legislative and judicial practice of the criminal law on the Traffic Accidentbehavior. The main content of this master’s thesis will be divided into three parts.The title of the first part of the traffic accident escape behavior defined. Thissection focuses on the concept of escape behavior, the nature and type of the threeaspects. Traffic accident concept of escape behavior analysis, come to the domesticdefinition are not enough accurate conclusions; presented its concept defined insights:perform rescue the injured, the perpetrator was knowingly involved in a trafficaccident obligation not to perform the behavior; escape in order to avoid legal actionin behavior. Second, the nature of the behavior analysis of Traffic Accident, pointedout that the escape behavior in nature is an omission. As a source of obligations aremainly two aspects: First, the obligation obligations expressly provided by law, that is,70of the Road Traffic Safety Law (2011Revision) and its associated regulationsspecified behavior, especially the people to which the provisions of the actrescuewounded obligations in a timely manner; obligation arising of the first acts of theperpetrator, the behavior of the traffic accident that behavior previously implemented,resulting in the victims body and life at risk, the behavior of people to take positive measures to prevent the risk of further expansion ofobligations. Third, according todifferent criteria, Traffic Accident behavior is divided into four different types.The title of the second part of the status quo and problems of the criminalregulation of Traffic Accident behavior. The contents of this section, the author willbe divided into two aspects are discussed. The first is to analyze the status quo ofChina’s Traffic Accident behavior criminal regulation Criminal "and" explain "to dealwith the specific provisions of the escape behavior. The second is to analyze thebehavior criminal regulation in Traffic Accident in China, mainly four small parts:First, the analysis of the Criminal Code Traffic Accident Escaping Behaviorinaccurate definition, does not meet its essence, Traffic Accident behavior essentiallydoes not fulfill the obligation of assisting the wounded; Second, the interpretation of"escape acts of complicity in the provisions of the traffic Accident common criminalprovisions conflict with China’s criminal Law; same time, it is pointed out that theescape behavior embedded in traffic Accident sin, both as punishment fits the crimeand as punishment fits the crime, there are contradictory; Third, the traffic accidentacts ancillary requirements in a traffic accident crime, making the evaluation ofcertain escape behavior is not criminal law; Fourth, to escape behavior affiliated to thethe traffic crime confusing two acts of nature; fact they are qualitatively differentbehavior.The title of the third part of the Traffic Accident in China criminal lawreasonable behavior regulation proposals. This section is mainly discussed from twoaspects: Traffic Accident behavior criminal regulation mode selection and TrafficAccident in China acts of criminal law specific concept of reasonable regulation. First,select a few of the more typical extraterritorial national analysis of the escapebehavior of criminal regulation on traffic accident, and generally set up a specialoffense and the establishment of a non-technical offenses. Analysis of TrafficAccident acts of criminal regulation of legislative choices. Learn extraterritorialnational Traffic Accident behavior criminal regulation and the proposed combinationof domestic scholars and their actual social situation, I suggest will escape behavioralone into sin, against himself, called "Traffic Accident Crime. Second, the exposition of Traffic Accident acts of criminal law to reasonable regulation of specific ideas, Iwill be in this part, the focus explain the legislative provisions designed for the newoffense, the crime constitute its distinction with traffic crime.