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The Study Of Escape Behavior Independent Crime Of Traffic

Posted on:2015-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y XuFull Text:PDF
GTID:2296330461496635Subject:Law
Abstract/Summary:PDF Full Text Request
The most common road traffic accident crime a crime is typical of the type of criminal negligence, which in his case the incidence of criminal negligence in the moment is the highest, but also seriously endanger the health and safety of the public and private lives of people and property, but also the judicial process. Supreme People’s Court for traffic accident crime punishable by law, in 2000, when for this crime has released a judicial interpretation, the interpretation of Article 5, paragraph 1, of making the criminal negligence produced a form of common crime, thus, the author the explanation is that there are significant deficiencies, the paper also discussed around this interpretation were related.The main thesis is divided into four parts,a total of about 20000 words.The first part, taking into account the is the study of traffic accident crime of escape behavior,this part will introduce the origin and present status traffic crime charges,while the contents of 1979 "Criminal Law" and the 1997 "Criminal Law" were compared,which leads to the next problem discussed at the end.The second part,is the criminal law provisions on traffic crime accomplice,this section highlights the "interpretation" of inconsistencies in the provisions of paragraph 2 of Article 5 of the Criminal Law Article 25 content and principles embodied in the spirit of the above,thus Description still to be clarified and further elaborated in theory.The third part,namely traffic crime accomplice prescribed confused,first discussed here controversy accomplice traffic accident crime provisions introduced sure that negate said two views,and from the constitutive elements of crime,legal and social impacts discussed the reason why it should be punished as an accomplice in it.The fourth part,is for the criminal acts of Traffic Accident envisaged the possibility of additional traffic here first hit and run crime were analyzed,followed by escape behavior is a separate cause of crime,meaning escape into criminal behavior and the escape crime constitute a crime.
Keywords/Search Tags:Traffic accident crime, Judicial interpretation, Constitute of crime, Social harm
PDF Full Text Request
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