Research On The Traffic Accident Crime

Traffic Accident Crime is a common negligence crime of endangering public safety in our country.Traffic Accident Crime which established by our country criminal law has played an important role in curbing the occurrence of traffic accidents. However, there are a lot of controversies between our country criminal law educational circles and practice circles about the problems of Traffic Accident Crime. This paper argues that, in the constitution of Traffic Accident Crime, its subject is a general subject, and a non- motor vehicle driver is also the subject of the crime. However, when traffic accidents happened among pedestrians,passengers and vehicles, pedestrians and passengers can’t become the subject of Traffic Accident Crime. The object which violated by the traffic accident crime is traffic safety, rather than the transportation safety. In the subjective elements of the Traffic Accident Crime, its fault form is negligence. The manifestation of the objective aspect of the Traffic Accident Crime is the perpetrators have implemented the behavior which has violated traffic management regulations, and caused serious results. In the judicial interpretation of the Traffic Accident Crime,the conviction standards about personal injury comply with the principle of suiting punishment to crime. In the provisions of Traffic Accident Crime, the two aspects of terms about “the occurring of major accident", "causing people death” and“serious injury “or” significant property damage" are an appositive. The escape problems after Traffic Accident Crime are a difficult problem in judicial practice.This is an aggravated plot perpetrator in the Traffic Accident Crime who has violated the traffic regulations and escaped without helping the victims. The joint negligence crime may exist in the Traffic Accident Crime. For example, the joint behavior which caused by the manager of a unit or other person who forces the perpetrator to drive illegally and cause the accidents is a joint negligence crime.However, either units or individuals can’t be convicted by the Traffic Accident Crime. The supervisory negligence behavior of the unit’s manager which caused serious damage can be established as the crime of major liability accident. After the occurring of traffic accident, if the accident behavior is identified as crime, but the perpetrator who suits the conditions of probation may also be sentenced to probation. On the other hand, if the perpetrator fulfills the reporting obligationswhich set by the "Road traffic safety law" and in accordance with the conditions of surrender which stated in the criminal law should be identified as surrender.Through the comparison between the foreign traffic criminal laws, this paper argues that our country should set up two new crimes that are called “Intentional Violation of Traffic Regulations Crime” and “Traffic Accident Escape Crime”, and formulate a reasonable legally-prescribed punishment. In the related crimes which involved in traffic accident, our country should pay attention to configure the punishment fine and the qualification penalty of forbidden driving in legally-prescribed punishment.