With The Theory Of Traffic Offences Of Justice Legislation

The rapid development of our economy and the improvement of science and technology are significantly affecting people’s living standards. It reflects in traffic aspects that, with the number of motor vehicles sharply increasing and cars increasingly becoming the popular transport for common people, the opportunities and frequencies people involve in the transportation activities are greatly increased. People enjoy the fast and convenient with the modern transportation, also have to bear it brings a series of negative consequences: the number of traffic accidents rose, at the same time casualties and property losses are serious year by year. In this background, it appears the "Fearful" situation of traffic accidents. Among the scholars it appears "The crime of causing traffic casualties that the sentence was too light ". In the judicial practice it appears the situation of "Making more effort on blowing the traffic accident". So whether the traffic offense behavior should be, as described above, punished by same criminal law strictly, this paper will mainly discuss that from the following four aspects:The first part is an overview of traffic offences. From four aspects of traffic offences I introduced briefly the regulation of our country’s traffic offences, and the different regulations of traffic accidents at home and abroad.The second part discusses a few questions existing in the judicial cognizance in the traffic accidents: 1. Contributory negligence is processed according to accomplice. 2. The austerity principle of criminal law can not make full use in the judicial practice. 3. The theory of "Only the results" appears in the judicial practice. 4. There’s a defect that the traffic accident can not be sued.The third part discusses that because of existing problems in the second part we need to make reasonable restrictions to the judicial determination of the traffic accident, as well as to make reasonable restrictions to "traffic offense behavior" and "hit-and-run" etc., according to the principle of "reasonable trust" and "allowed danger theory" and "tempering justice with mercy policy situation".The fourth part is my suggestions about the perfect legislation of traffic offences. I propose to separate the traffic accident crime into a traffic offense behavior, and give new suggestions on the legislation to the two accomplice behaviors that are "letting others escape" and "driving instigate or force others to violate the rules and regulations".