Study On The Problems Of Traffic Accident Crime

Our country’s transportation industry develops with a rapid pace. But our transportation infrastructure is relatively backward and the traffic participants’ safety awareness are low, which are led to frequent traffic accidents. In order to regulate the traffic behavior and protect the traffic safety, criminal law of China set in a accusation——traffic accident crime. The traffic accident cases’ manifestations are complex in the judicial practice, but the relevant legal requirements are short of rigor, clarity and operability. Under such circumstances, the judicial officers have no basis in dealing with specific cases. These controversy and confusion make it difficult to identify traffic accident crime. Because the traffic accidents’ rate is high in judicial practice with great social harm, we study on the problems of traffic accident crime is helpful for making lawful and reasonable judgment to the parties’ measuring penalties and remedies. It plays an important role to guarantee citizens’ right of life, health right and property right and build a harmonious society. At the same time it also helps to find legal gaps and loopholes, and then deepen the study of the criminal justice and criminology.The whole thesis is composed of three chapters:Chapter One: Determine traffic accident crime under special places. Expound on the differences between theory and practice of identifying traffic accident crime under special places. The author’s point of view is that criminals should be convicted by endangering the public safety. Expound on the differences between the old and the new criminal negligence theory of identifying the subjective, and then present the new criminal negligence theory should be apply to identify traffic accident crime.Chapter Two: Identify the causation of traffic accident crime. It presents that intervening cause impacts on the causation by elaborating on the concept of causation. In the results assumed to occur case, the author introduces the impact on the causation of Overtaking cause and assumed causation. It presents the author’s basic position of two assumed situations with many scholars of the criminal law theory research results.Chapter Three: The differences between traffic accident crime and crime of endangering public security with the dangerous method. Because the relevant legal requirements about these two accusations are short of clarity and the application in the judicial practice often caused quite a lot dispute, the author emphasizes the differences of the subjective and the objective harmfulness.