Research On Some Issues Of Traffic Accident Crime

Criminal law and judicial interpretation are dealing with traffic accident caseseffectively, but to argue in theory and in practical application process, same chargeswere sentenced to different punishment. It shakes the authority of law. Judicialinterpretation and criminal law provisions appear three part of "escape", the differentlegal nature makes some scholars think that judicial interpretation is beyond themeaning of the law itself. And in practice, traffic accident crime is often confusedwith murder. The limitations of law requires us to explain the connotation of the lawdynamically, in order to solve the problems in the reality,the complexity of trafficoffences require legal workers making a concrete analysis of concrete problems.Applying theory to real-life situations, we analyze the nature of the three escapebehavior, and the difference between traffic accident crime with Intentional homicideand criminal negligence.The article is divided into four parts, the research methods case caused theproblem discussion:The first part expounds the legislation history of traffic offences and applicablelaw. Traffic accident was originally covered in the crime of causing death, afterindependence into a law, and gradually perfect form three namely three sentencinggrade stable structure. Law applicable to the dispute part, using the research methodsof theory with practice, complete the theoretical exploration of traffice offences partof the problem, two cases with the basic facts and their controversy, raises theproblem of traffic offences will be discussing, problems such as traffic offense ofconviction, hit-and-run behavior law, traffic accident crime and related charges ofdiscrimination and so on.The second part, analyze the basic traffic offences committed, starting from thecrime constitution of traffic offences, study its conviction standards. This part on theescape behavior of the criminal law attribute analysis: first analysis the legal nature of"escape" behavior, thinks that legal responsibility of escape behavior is to rescue obligation violation; Second, support the theory of the traffic accident crime plot ofsuch; Finally, analysis the escape deadly contact penal code of the full textexplanation, according to the system, and puts forward the subjective crime shouldinclude indirect intent. On the traffice offences sentencing issues, mainly studies thethree places "escape" the connotation of the criminal law: first of all, to support the"explanation" handling of escape behavior; Secondly, using the system to explain thelegal interpretation of view, after the analysis of traffic accident escape and escapedeadly relation and distinction between two escape behavior in the correct sentence.The third part is the traffic accident crime and related charges, went up from crimeconstitution discuss the boundary between the two crimes, traffic accident crime is aspecial law compared with negligence so it should be applied first. The boundarybetween the direct intentional crime and this crime is obvious, the indirect intentionalhomicide confused with this crime more often, crime behavior cannot be obligationsource of negative crime, otherwise it will lead to repeat evaluation, so the form oftraffic accident crime cases, should be applicable in the framework of this crimepunishment.The fourth part is the conclusion and the applicable law: the conclusion partincludes two aspects: the first is the analysis of the traffic accident escape behavior ofthe criminal law attribute, we draw the following conclusions: first, the escapebehavior after the traffic accident and kill the escape behavior is the basic crime plotaggravate crime; Secondly, escape after traffic offense behavior subjective sin shallinclude indirect intent and negligence fault and overconfident negligence; Finally, acrime as not as a crime of obligation source, so the escape after traffic offensebehavior is not independent evaluation for the crime. Second, in the applicable lawshould pay attention to the following questions: first, on the issue of crime and thecrime, meet four constitutive requirements of crime of traffic accident can evaluationfor this crime; Secondly, in the traffic accident crime sentencing issues, to see thetime of the environment and the subjective attitude of the parties and perpetratorssurrendered and compensation, determine the offender for which a punishment;Finally, to pay attention to the difference between the boundaries between vehicular manslaughter and murder.