Analysis On The Drawbacks And Improvements Of Traffic Offences

From the primitive society to modern society, the human civilization continue to improve. The human means of transport are constantly changing. There can be fast-moving vehicle. Due to vehicle traffic speed, it inevitably leads to more traffic accidents, making the lives of others and public and private property be in a great threat. In such difficult circumstances, the first draft of China’s criminal law in 1957 put the traffic offences inside, and China’s first Criminal Penal Code in 1979 put the traffic offences in later.In 1997,the Penal Code for the problems in the judicial practice has carried out additions and modifications, and ultimately the formation of what we now know to have a more complete traffic offenses.Traffic offenses are defined by their transport and non- transport personnel as the main subjectively as a misdemeanor in the field of public transport objectively implemented within the transport sector in violation of administrative regulations, rules of behavior caused by others serious injury, death, and significant loss of public and private property and other objective consequences. Distinguishing traffic crime and a dangerous crime of endangering the public safety is the key to whether the conduct causing the price equal to the statutory dangerous situation. According to the implementation of behavior and the subjective guilt, traffic Accident determine the specific crime with several crimes in one case.In our current traffic crime legislation, the failure to introduce common criminal negligence theory, making illegal driving lead to the accident cause or more serious consequences can not deal with the problem as an accomplice. Meanwhile, making it a single crime is reasonable. In fact, some seemingly willful negligence of traffic offenses of criminal law are excluded from outside; traffic accident causing death after the escape and the problems with traffic crime can not be properly resolved; newly created dangerous driving refinement because of that standard does not lead to judicial identifying smoothly, and make it difficult to better Punish the fish that slips through the net.Based on such a legislative shortcomings of traditional accomplice theory of criminal law,we should introduce common criminal negligence theory, making traffic offenses punish some of the larger peripheral traffic accidents that lead to hazards which is not good to people. Meanwhile, the expansion of the Crime of Causing Traffic Casualties, will indirectly intentionally be incorporated into; For Escaping Behavior after Traffic Accident independent conviction, to ensure the unity of theory of criminal law; to clear identification of dangerous driving standards; to increase criminal penalties for traffic offenses punishment. Crime can ultimately make more perfect legislation to protect lives and public transportation within the safety of public and private property.