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Controversial Issues On The Crime Of Causing Traffic Casualties And Surrender

Posted on:2015-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:C H ZhangFull Text:PDF
GTID:2296330467499366Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the number of traffic accident crime is increasing. However, questions about the surrender of traffic offences, existing in academic circles debate, directly leads to the disunity in judicial practice, and seriously affects the authority of the law. This triggered a strong focus on society.In judicial practice, however, whether traffic offences can apply to surrendering is controversial. Under the condition that the perpetrator in protection of the site after the accident, rescue the wounded, the behavior of the report to public security organs in accordance with administrative regulations, can this belong to surrender? Current practice in various areas for the applicable circumstances prescribed in the surrender of traffic accident is differ, which is inconsistent in sentencing, to protect the legitimate rights and interests of criminal suspects, we should accurately understand and grasp the related questions of traffic offences, and therefore it is necessary to have in-depth discussions, in order to avoid negative consequences.This paper discusses the issue, combined with the existing in the practice of various cases; discusses the traffic offences in the establishment of judicial cognizance. By means of literature review, data analysis and case analysis method of reasoning, it is concluded that the answer. Again to a range of surrender, we need to determine the standard of traffic offences, especially the part of the disputed case, and then comb in principle to the handling of traffic offences surrender. In the third part of the article, based on the current traffic accident crime punishment, put forward "light punishment", and the corresponding solutions. In the hope of this applicable surrender system can do quite a punishment, not only effectively combat crime, but also truly tempers the justice with mercy.
Keywords/Search Tags:Traffic accident crime, surrender, identified surrender, surrender leniency
PDF Full Text Request
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